Historic recognition

In an unprecedented move, women imprisoned for small-time trafficking will be pardoned on Mother’s Day

The Presidency of the Republic has taken an important step in recognizing a right of women who, due to their social vulnerability, end up running errands for Brazil’s big drug trafficking networks.

According to a decree published this Thursday, April 13, women convicted of drug trafficking will be pardoned on Mother’s Day.

As a result of this unprecedented decision, women who are in prison for this crime – provided they are first-time offenders, have no prior criminal record and do not belong to organized crime, a category known as small-time trafficking or “privileged trafficking” – and who have already served one-sixth of their sentences will be granted clemency.

Brazil’s drug law, which leaves it up to the judge to decide whether someone in possession of drugs is a user or a dealer – based on what the police and prosecutors say, is primarily responsible for the 600% increase (according to data from the Ministry of Justice) in the number of women imprisoned for drug crimes since the law’s approval in 2006.

“It makes no sense to keep people in prison who have not committed violent crimes and who played a very minor role in the drug trafficking chain,” said Marcos Fuchs, associate director of Conectas. “They are mothers, grandmothers, pregnant women and other poor women for whom the impact of a prison sentence is far more serious and harmful to society than the actual crime they committed,” he said.

The pardon will extend to mothers, grandmothers, elderly women over 60, young women under 21, disabled women and those convicted of other non-violent crimes.

Supreme Court Decision

Civil society organizations have campaigned for years for Brazil to recognize pardons and commutations – replacement of sentences with less severe punishments – as a right of women convicted for drug trafficking. This recognition is also supported by the government’s own CNPCP (National Criminal and Prison Policy Council), which submitted to the Executive Branch a proposal for pardons that extended to female prisoners.

The pardon is only possible thanks to a July 2016 ruling by the Supreme Court, which decided by eight votes to three that small-time trafficking is not a “heinous crime”.

Prior to this ruling, the legal classification of all drug trafficking offenses as “heinous crimes” prevented the government from issuing pardons on commemorative dates or commuting sentences. It also meant they were non-bailable offenses.

What is a pardon?

Provided for in the Prison Sentence Enforcement Law and in the Criminal Code, a presidential pardon is a form of clemency for prisoners who meet certain criteria. It forgives the remainder of their sentences and is granted by the President, usually before Christmas, but also on other special occasions, such as the Mother’s Day holiday.

A pardon is an important tool in the social reintegration process of prisoners, since it helps them go back to a life in society and also serves as motivation for good behavior.