PRESIDENTIAL PARDON : BOLSONARO’S CLEMENCY IN THE CARANDIRU MASSACRE
Decree No. 11.302/2022, issued at the end of former President Jair Bolsonaro’s term, granted clemency to public security agents, directly impacting the Carandiru case. The measure sparked legal controversy and led to the filing of Direct Action of Unconstitutionality (ADI) 7.330/DF, which challenges...
| Authors: | , |
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| Format: | article |
| Status: | Published version |
| Publication Date: | 2025 |
| Country: | Brasil |
| Institution: | Universidade Presbiteriana Mackenzie (UPM) |
| Repository: | Revista Direito Mackenzie |
| Language: | Portuguese English |
| OAI Identifier: | oai:ojs.editorarevistas.mackenzie.br:article/17949 |
| Online Access: | https://editorarevistas.mackenzie.br/index.php/rmd/article/view/17949 |
| Access Level: | Open access |
| Keyword: | indulto presidencial Massacre do Carandiru poder discricionário presidencial Presidential pardon Carandiru massacre presidential discretionary power |
| Summary: | Decree No. 11.302/2022, issued at the end of former President Jair Bolsonaro’s term, granted clemency to public security agents, directly impacting the Carandiru case. The measure sparked legal controversy and led to the filing of Direct Action of Unconstitutionality (ADI) 7.330/DF, which challenges the decree’s constitutionality in light of domestic law and Brazil’s international human rights commitments. This article analyzes the normative construction of clemency in Brazil, the regulatory framework of decrees under Bolsonaro’s administration, the Federal Supreme Court’s stance on clemency, and the central arguments of the debate. From a legal positivist perspective, it examines the absence of clear limits on the President’s discretionary power to grant pardons and highlights the paradox of clemency being used as a tool for state non-accountability. |
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