The government’s proposal to pardon sentences and grant amnesty for crimes on the occasion of the papal visit as part of World Youth Day (WYD) will be debated in parliament this Tuesday. But despite the absolute majority of the PS – which guarantees the approval of the text -, there are doubts about the constitutionality of the measure and about the crimes listed by the College.
For now, the text approved by the government in the Council of Ministers two weeks ago foresees that young people between 16 and 30 years old – the age of those who can participate in WYD – can receive a one-year pardon (if they comply with sanctions of up to eight years). imprisonment). In addition, amnesty applies to both offenses for which a maximum fine of up to one thousand euros is imposed and criminal offenses for which the penalty does not exceed one year in prison or a fine of 120 days. Doubts about the age issue began to appear in the bill’s admissibility note in parliament, which reminded that the measure only applies to “persons who are between 16 and 30 years old on the date of the commission of the crime or offence, until June 19, 2023”. This “differentiation between criminally attributable persons – depending on age – may justify a consideration of the conformity of this standard with the constitutional principle of equality”reads the document, dated June 21. At the end of this note, it is also said that the “initiative appears to meet the formal requirements in the constitution and regulations of the Assembly of the Republic”, and Augusto Santos Silva, President of the Assembly of the Republic, warns delegates to this issue, saying it should be considered “in the course of the legislative project”.
For example, there were institutions that had to make a decision, such as the Bar Association, the Supreme Council for the Judiciary (CSM) and the Supreme Council for the Public Prosecution Service (CSMP). So far, only the opinions of these last two entities are known, and both show doubts about the measure.
In the opinion sent yesterday by the CSM to the parliamentary committee on constitutional affairs, rights, freedoms and guarantees, it is said that the difference in treatment between people who have committed the same crime is based only on age,”raises the greatest concerns about its constitutional conformityThe CSMP goes in the same direction: ageism can “affirm a fragmented social division and ultimately age-based discrimination” because “creates an effective distinction between persons criminally attributable based on age at the time of committing a typical unauthorized acteven if the type of offense committed were the same, which should merit thorough and profound reflection”.
The Portuguese Prisoner Support Association also warned about this issue and said so the standards proposed by the government establish “honours that do not respect the constitutional boundaries of equality”.
At the DN, two constitutionalists (Paulo Otero and Jorge Bacelar Gouveia) had already expressed doubts about the constitutionality of the proposal.
For now, the Minister of Justice, Catarina Sarmento e Castro, on the government’s side referred the matter to parliament, saying that “the government has all the openness to discuss this matter”.
Called to comment on the matter, Marcelo Rebelo de Sousa declined to comment until he knew the “final outline of the law”. “It is common in situations like this, from a papal visit, to have amnesty, which varied a lot. And that’s why I want to see the final outline of the law and then pronounce it,” said the president of the republic.
Source: DN
