O INDULTO INDIVIDUAL À LUZ DA CONSTITUIÇÃO DE 1988

Abstract

The case involving former Federal Deputy Daniel Silveira, convicted by the Supreme Federal Court (STF) and subsequently granted an individual pardon by the then President of the Republic, sparked controversy, leading the STF to declare the unconstitutionality of the pardon through the Direct Action of Unconstitutionality 965 (ADPF 965/DF). Considering this, the present research proposes an in-depth investigation into the institution of individual pardon in light of the 1988 Constitution, seeking to understand its feasibility and adequacy to the principles of the Federative Republic of Brazil. This is the general objective of this work. In pursuit of the solution of the general objective, the first specific objective presented the main aspects of the institutions involved in clemency, studied the origins and history of forgiveness, and the historical-dogmatic construction of forgiveness in Brazil; the second specific objective characterized the constitutional principles and norms to which the individual pardon must adhere; the third specific objective examined the conforming principles of Public Administration that subject the President's acts; the fourth specific objective analyzed the decree of April 21, 2022, under the auspices of ADPF 965/DF to grasp the understanding resulting from the appreciation of the constitutionality of the first individual pardon granted since the promulgation of the 1988 Constitution. The study adopted a methodological approach that includes exploratory research, bibliographic procedure, and the use of Karl Popper's hypothetical-deductive method, as well as dogmatic and hermeneutical approaches. The research is qualitative and used various sources, such as laws, judgments, and scientific articles. Therefore, the feasibility of the individual pardon in the Brazilian legal system was confirmed; however, the need for the mandatory motivation of the acts granting pardon in its individual form was verified for the full adequacy of this institute to the Brazilian legal system.