The President of Brazil, Luiz Inácio Lula da Silva, signed the Christmas pardon decree, which grants the forgiveness of the sentence to prisoners who meet certain requirements, but explicitly excludes those who have been convicted of attempting a coup d'état, as published this Tuesday in the Official Gazette. The measure leaves out detainees who participated in the January 2023 episodes, when supporters of former President Jair Bolsonaro invaded and vandalized the headquarters of the three branches of government in Brasília, events that the Federal Supreme Court classified as an attempt to break the democratic order, the Argentine News Agency learned. The decree establishes that the pardon can apply, among other cases, to people sentenced to up to eight years in prison or who have served at least one-fifth of their sentence. However, it excludes crimes considered especially serious, such as attacks against the democratic state of law, abuse of authority, drug trafficking, and sexual offenses. Those who have benefited from plea bargains, members of criminal factions, or people detained in maximum-security prisons are also excluded from the benefit. In contrast, the text provides for pardons for humanitarian reasons, which cover people with severe disabilities, serious or terminal illnesses, pregnant women with high-risk pregnancies, and people with severe autism spectrum disorder. Additionally, people over 60 years of age, mothers or fathers in charge of children with serious illnesses or disabilities, and people considered indispensable for the care of dependents may also benefit. Presidential pardon is an exclusive attribute of the Brazilian head of state and can be issued annually, in accordance with the Constitution.
