Automatic freedom, indemnity and ineligibility: understand how the amnesty works in practice

On the ground, the teacher of criminal law Rafael Paiva explained the details of how the amnesty is performed

In the Chamber of Representatives, a bill that intends to give the amnesty to the prisoners of the acts of the scammers of January 8, 2023 After approval in the Chamber, the proposal will still go to the Senate and therefore can be sanctioned or vested by President Luiz Inacio Lula da Silva. Even if it becomes law, it will be up to the Federal Supreme Court (STF) to evaluate its constitutionality.

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To understand the practical effects of the measure, the teacher of criminal law Rafael Paiva explains to Earth That amnesty is a way to extinguish punishment. “This means that the sanction is no longer requested and, if it is already running, it has ceased. The StF includes that the amnesty acts in a broader way than forgiveness (which extinguishes only the penalty) because it cancels the crime itself.”

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How the amnesty is applied

According to the teacher, the application of the amnesty depends on the court decision. “The prisoner needs a decision by the Court who recognizes the application of the amnesty to his case. The defense usually petitions to the Court of Criminal application or the sentence that issued the sentence, requesting the recognition of the amnesty.”

The deadline for a beneficiary of leaving the prison can vary, according to the expert. “If the law is clear and the picture is evident, the judge can grant within a few days or weeks after the publication of the law. But if there is a dispute that the person is covered or not by the amnesty, the process may take months.”

Rights and side effects

Paiva clarifies that the amnesty extinguishes not only the penalty, but also the side effects of the sentence, such as the loss of political rights and the confiscation of assets. Therefore, in the case of Bolsonaro, once amnesty, it could become admissible after 2030. This is because its inheritability was initially established by the Upper Electoral Court in 2023 for abuse of political power and improper use of the media.

In addition, the beneficiary has a clean record. “The amnesty extinguishes punishment and, consequently, removes the criminal effects of the sentence, also for the purposes of criminal records and ineligibility.”

Asked if the amnesty could generate compensation to prisoners, the teacher is categorical: “The amnesty does not automatically generate the right to compensation. The allowance would occur only if there was a proof of judicial error, or if the law of amnity has not been provided for compensation, as a compensation has occurred, as a law has occurred.

Possible disputes and constitutional limits

The scope of the measure can generate judicial disputes. If there are doubts about the range, for example, if it covers crimes such as terrorism or acts attentive to the state of democratic law, the prosecutor can contest and the cases can be judicial, underlines Paiva. “The STF can have the last word on the scope of the law.”

The supreme can also limit or even overturn the amnesty if he considers it unconstitutional. “The Supreme Court can declare an unconstitutional amnesty of amnesty if you violate the constitutional clauses – for example, if the crimes that the Constitution prohibits being amnesty (torture, atrocious crimes, racism, crimes against humanity). Stf can also interpret the sphere of the law, limiting those who benefit from benefits.”

Finally, Paiva notes that, in theory, there is no constitutional impediment to reduce the sentences of the prisoners of January 8, as was discussed in the Chamber.

Source: Terra

Rose

Rose James is a Gossipify movie and series reviewer known for her in-depth analysis and unique perspective on the latest releases. With a background in film studies, she provides engaging and informative reviews, and keeps readers up to date with industry trends and emerging talents.