In the year that COP30 is held in Brazil, the 2025 Christmas pardon which will be signed by President Lula could bring something new in the forgiveness of environmental crimes.
At a meeting of the National Prison Policy Council in September, the Federal Office of the Public Defender (DPU) suggested reinstating pardons for these types of crimes for individuals.
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President of the Republic, Luiz Inácio Lula da Silva, during an interview for Balanço Geral de Pernambuco
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At the meeting, the DPU argued that barring pardons for people who committed environmental crimes would be disproportionate and argued that Lula should only veto pardons for legal entities.
Circulation pardoned?
The Federal Public Defender’s Office also advocated that Lula include those convicted of “privileged trafficking” – those who are first-time offenders and not involved in factions – in the 2025 Christmas pardon.
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The DPU recalled that in July the STF determined that those convicted of privileged trafficking are not considered a heinous crime and are therefore eligible for Christmas pardon.
The Supreme Court also declared that the non-inclusion of this modality in the 2024 Christmas pardon had caused “legal uncertainty and harm to those convicted”.
The pardon is usually published on December 23. After passing to the CNPCP, the text is transmitted to the Ministry of Justice, to be approved and submitted to the President of the Republic.