GRAÇA PRESIDENCIAL: natureza política do ato e controle jurisdicional / PRESIDENTIAL CLEMENCY: political nature of the act and jurisdictional control

Abstract

This paper analyzes the institutes that comprise the state's power of leniency, in particular the Chief of Executive Power's authority to grant clemency, affirming, on doctrinal and jurisprudential grounds, the political nature of the act that grants the grace. Judicial control must be restricted to the formal limits established by the Constitution, without the possibility of reviewing the merit of the act granting presidential pardon.