The pardon and the subjective conditions of the convicted person

Authors

  • Francisco Dias Teixeira

Keywords:

Pardon, Sentence commutation, Subjective conditions, Penal execution, Penitentiary Council

Abstract

The article examines the elimination of the subjective requirement in pardon and sentence commutation decrees, with emphasis on Decree 2,838 of 1998. The methodology used is the dogmatic and interpretive analysis of the decrees and the Penal Execution Law, in confrontation with the Constitution. The exposition covers the decrees from 1993 to 1998, the requirement of a prognosis of non-recidivism, the Technical Commission's opinion and the role of the Penitentiary Council. The investigation concludes that requiring a subjective assessment not provided for in the decree is unconstitutional, and the judge may only verify compliance with the express requirements.

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References

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Published

1999-01-01

How to Cite

TEIXEIRA, Francisco Dias. The pardon and the subjective conditions of the convicted person. Brazilian Journal of Criminal Science, São Paulo, v. 25, n. 25, p. 115–123, 1999. Disponível em: https://publicacoes.ibccrim.org.br/index.php/RBCCRIM/article/view/3808. Acesso em: 20 oct. 2026.
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