According to Augusto Aras, the measure is unconstitutional because the benefit cannot reach those convicted of crimes considered heinous.
This Tuesday, on the 27th, the Prosecutor General of the Republic, Augusto Aras, sent to the Federal Supreme Court a request for a restraining order against Decree No. 11.302/2022, which gives induction for Christmas to those convicted of various crimes. He requests that the Court suspend the benefits of public security agents and military personnel from the armed forces who participated in the case. Carandiru Massacre🇧🇷 “Art. 6, paragraph and single paragraph, with art. 7, § 3, of Decree 11.302/2022, allowing, especially in the case of the Carandiru Massacre, that convicted military police officers benefit from Christmas pardons, violates human dignity and the fundamental and common principles of public international law , presenting them as an affront to the decisions of international human rights monitoring and control bodies, being able to hold Brazil accountable for human rights violations,” he wrote. Aras also cites a vote of Minister Alexandre de Moraes who considered that crimes subject to the request for extradition and crimes against humanity are not subject to pardon due to the systematic limits immanent in the Constitution of the Republic. He also recalled that 341 agents from the São Paulo State Military Police were sent to contain a riot, an action that resulted in 111 deaths. “The Christmas pardon granted by the President of the Republic to the state agents involved in the Carandiru Massacre case represents a repetition by the Brazilian state of not respecting the international obligation to prosecute and punish, seriously and effectively, them. responsible for crimes against humanity committed in the House of Detention on 10/02/1992. Forgiveness of serious violations of human rights embodied in crimes against humanity means ignoring the inherent rights of human beings, such as the rights to life and physical integrity, going against the grain of the evolutionary process of fundamental human rights. embodied in the domestic and international legal order, with violations. a direct effect of the constitutional duty to respect international human rights treaties”, he argued. In addition to the immediate suspension of the pardon, Aras asks the Supreme Court to declare unconstitutional the expression “at the time of its practice” contained in the article. 6, kaput, of Decree 11.302/2022, and excludes the possibility of the benefit being given to those convicted of crimes against humanity.