Consideração do período de sursis na concessão do indulto

Abstract

This study presents an analysis of the possibility to considering the probation period of the sursis to grant the benefit of the pardon. The institute of the pardon needs a series of requirements to be granted, among them, the fulfillment of part of the sentence by the convicted. This way, a discussion arises about the beneficiaries of the conditional suspension of the sentence, questioning if the suspended period is accounted for fulfilling this requirement and if the person will have the right to pardon. With this in mind, we present the characteristics of each institute, sursis and pardon, raising its definitions, requirements and conditions. We observe the understanding of the doctrinators on the subject, besides analyzing the different decisions of the Federal Supreme Court, which show divergence among the ministers in their positions. Relating the institutes and concluded the other doctrinal and jurisprudential analyzes, the probation period of the suspension can be understood as a restrictive measure of liberty capable of fulfill the demanding requirement for granting pardon.