The Attorney General of the Republic, Augusto Aras, entered today (27) the Federal Supreme Court (STF) with a direct action of unconstitutionality to question provisions of the Christmas pardon decree signed by President Jair Bolsonaro. 
In the action, Aras argues that part of the decree is unconstitutional as it benefits public security agents who were involved in the Carandiru Massacre case, which took place in 1992. At the time, 111 detainees were killed in the invasion of the Military Police to contain the rebellion Carandiru, in São Paulo. The Christmas pardon was published last Friday (23) and grants pardon to those who fit the criteria established in the decree.
“Article 6 of Decree 11.302.2022, by allowing, specifically in the case of the Carandiru massacre, for convicted military police officers to benefit from a Christmas pardon, violates human dignity and basic and basic principles of public international law, presenting itself as as an affront to the decisions of international monitoring and control bodies related to human rights, being capable of causing Brazil to be held accountable for human rights violations,” says Aras.
Pardon violates international law
The prosecutor further argues that rules of international law prohibit the application of pardons to persons involved in the commission of crimes against humanity.
“Pardoning serious violations of human rights embodied in crimes against humanity means ignoring rights inherent to human beings, such as the rights to life and physical integrity, going against the grain of the evolutionary process of fundamental rights enshrined in the domestic and international legal order”, concluded the prosecutor.
Due to the period of recess in the Court, the action can be analyzed by the President of the STF, Minister Rosa Weber. There is no deadline for decision.
