Criminal lawyer Paulo Freitas Ribeiro gave an interview to the television program Fantástico to explain one of the legal issues debated after the conviction of Monique Medeiros, Henry Borel’s mother: the possibility of a judicial pardon.
During the interview, the legal expert highlighted that Brazilian law provides exceptional situations in which a judge may waive a criminal sentence when the consequences of the act itself have already imposed an extremely severe punishment on the offender.
According to Paulo Freitas Ribeiro :
“A judge may grant a judicial pardon if they understand that the event affected the offender in such a serious way that punishment becomes unnecessary. A classic example is a traffic accident in which a driver commits negligence or recklessness that results in the death of a very close relative. This consequence is so personally devastating that imposing a criminal sentence no longer makes sense.”
The lawyer emphasized that a judicial pardon does not mean acquittal or a declaration of innocence. It is a legal mechanism provided by law for specific situations in which the judge understands that the suffering caused by the consequences of the act has already fulfilled the purpose of punishment.
The discussion gained nationwide attention following the trial related to the death of Henry Borel, a case that shocked Brazil and continues to generate debate regarding criminal responsibility, sentencing, and the application of legal principles within the Brazilian justice system.