Constitutional analysis of pardon and commutation of sentences. What requirements must be met for your legitimate issue?

Abstract

The present work aims to clarify which requirements must prevail when making a legitimate issue of two specific legal institutions (Pardon and Commutation of Sentences) which were dissimilarly interpreted by doctrine and case-law. Moreover, taking as starting point a global view of the constitutional text and from a perspective which considers the defense of human rights, we claim, on the one hand, for the need to make its application impossible before specific cases such as, for instance, crimes against humanity, against public administration, among others, as well as before certain people alike public officials. On the other hand, we include new demands so that pardon and commutation of sentences can be applied. We particularly deem relevant to inform the victim and/or relatives and to hold public hearings prior to the decisions made by the President. Finally, and in view of the above, we submit a draft standard, which regulates its issue removing any dissimilar interpretations, through an official decree issued by the Executive Branch which, in turn, serves as a self-restraint.