The request for “Amnesty Already” was the motto of the act called by former President Jair Bolsonaro (PL) and held on Sunday, 16. The participants also expressed criticism of President Luiz Inacio Lula da Silva (PT) and Minister Alexandre de Moraes of the Supreme Court (STF).
The protest is an attempt to mobilize public debate and boost the processing of bills in the National Congress that, in Brasilia, on January 8, 2023.
Amnesty is a legal provision provided for in the Brazilian Penal Code that can prevent the punishment of a crime or misdemeanor. It is the so -called punishment extinction.
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More than one text about amnesty to the participants of January 8 are being processed in Congress. Bill 2,858/2022, authored by Federal Deputy Major Vitor Hugo (PL-GO), brought together other similar ones that were presented in the House of Representatives. It is the text.
The project can also benefit Bolsonaro, as it says that people who participated in events before or after January 8, 2023 who have connection with the acts of that day are also targets of amnesty.
In the Senate, Bill 5.064/2023, of former vice-president Hamilton Mourão (Republicans-RS), amnesty those convicted of the crimes of coup and violent abolition of the Democratic Rule of Law.
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Bill 1068/2024, authored by Senator Márcio Bittar (Union-AC), amnesty the crimes and restores the political rights of citizens declared ineligible by acts related to the 2022 elections.
PL leader in the House, Deputy Sostenes Cavalcante (RJ), said that at the next meeting of home leaders, scheduled for Thursday, 20.
If the proposal is included in the agenda by the Mayor Hugo Motta (Republicans-PB), it can be voted by the House Plenary on March 24 and 28.
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Still, the way to turn law is long. In case of approval in the two legislative houses, the sanction of the president is also necessary. If Lula vetoes the text, Congress can still overthrow the veto in voting. A future law should also be analyzed by the Supreme Court.
Depending on the interpretation of the Court, crimes such as coup d’état and attempted violent abolition of the Democratic Rule of Law, of which many of those involved in January 8 are accused, can be considered ineligible for amnesty.
The 8th of January
More than 1,400 people were arrested by the depredation acts of the buildings of the three powers. The Federal Public Prosecution Service (MPF) offered complaints against 1,700 involved.
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To date, more than 430 people have been convicted of crimes such as coup, attempted violent abolition of the Democratic Rule of Law and qualified damage to heritage, with penalties ranging from one to 17 years of detention.
More than 500 others, reported by crimes considered less serious -such as incitement to crime and criminal association -signed a non -criminal non -prosecution agreement as MPF. In practice, it avoids the continuity of criminal action and, consequently, the conviction. To benefit from the non -criminal prosecution in this case, the defendant must:
- Confess the crimes;
- Commit to providing services to the community or public entities, not to commit similar crimes or be prosecuted by other criminal offenses or offenses;
- Pay fine;
- Do not participate in open social networks until the full compliance with the conditions established in the agreement;
- Participate in a course on democracy, rule of law and coup d’état.
According to the Federal Police (PF) and the Attorney General’s Office (PGR), the acts of depredation of January 2023 were part of an attempt to coup articulated by former President Jair Bolsonaro and allies.
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Bolsonaro and 33 others were reported by the PGR and a core of eight complaints, which includes the former president, now await the STF vote on whether or not the complaint received, scheduled to take place on March 25.
Amnesty
Unlike pardon or grace, amnesty is granted by the National Congress through federal law, later sanctioned by the President of the Republic, who “erases” the penalty and its legal consequences.
The other two, also punishment extinction mechanisms, are benefits granted by the president through a decree and apply to an individual or group of people. Meanwhile, amnesty concerns the facts, that is, the crimes committed.
In Brazil, Law No. 6,683/1979, known as the Amnesty Law, was applied to forgive political crimes committed between 1961 and 1979 by the military dictatorship. Forgiveness extended to persecution, cassations and crimes committed by agents of repression.
But the Federal Constitution provides that not all types of crimes can be amnesty. In the list are acts like:
- Torture;
- Illicit drug trafficking;
- Terrorism;
- Heinous crimes;
- Action of armed, civil or military groups, against the constitutional order and the democratic state.
The last one contains in article 5 of the constitutional text, item 44, as an unenforceable and imprescriptible crime. According to experts, this clause suggests the understanding that similar acts cannot be extinct by amnesty, as they are nonetheless punishable over time and cannot be relativized by bail.
According to experts heard by Estadão, the STF ministers interpreted the item to consider that those involved undermined democracy.
The Court considers that, as the people who were on January 8 committed a crime against the Democratic Rule of Law, they would not be subject to amnesty.
However, the unenforceable and imprescriptible crime, that is, not subject to “forgiveness”, would be the action of armed groups, which would not be the case of the invaders of the buildings of the three powers, experts.
