O indulto na Paraíba: conceito, jurisprudência e reflexos no sistema prisional.

Abstract

This study analyzes the pardon as a legal institute within the Brazilian legal system, exploring its nature, limitations, and application in the state of Paraíba. The pardon, granted by the President of the Republic, is a mechanism for sentence extinction or reduction, based on the Federal Constitution and linked to the principle of human dignity. It differs from sentence commutation and is subject to legal restrictions that delimit its application. The research also examines the historical evolution of the pardon in Brazil and the controversies surrounding its granting. While some defend the benefit as an instrument for humanizing the penal system, others criticize it as a factor of impunity. Additionally, the study discusses the impact of the pardon on prison overcrowding, considering whether its granting effectively contributes to alleviating the prison system. To this end, data from institutions that monitor the prison system, such as the National Secretariat of Penal Policies (SENAPEN) and the Public Prosecutor's Office, were analyzed. At the state level, the study examines the application of the pardon in Paraíba, including the current state of the prison system, statistical data on its granting, and the role of the courts and the Public Defender's Office in enforcing the benefit. Finally, a jurisprudential analysis is conducted, investigating how the Supreme Federal Court (STF), the Superior Court of Justice (STJ), and the Paraíba Court of Justice (TJPB) interpret and apply the pardon. The study highlights how the decisions of these courts shape the practice of granting pardons and influence its regulation in Brazil. Methodologically, this research was conducted using both qualitative and quantitative approaches, employing document analysis and literature review. Data was also collected on the granting of pardons in Paraíba and the number of incarcerated individuals in the state and the country. It was concluded that the pardon has been effectively applied in Paraíba and that it plays a significant role in national decarceration policies when applied within the limits of justice, while still preserving the state's retributive power. This study enriches the field of research by fostering the debate on the application of the state's power of clemency and its real impact on criminal policy, particularly in the state of Paraíba.