Debora Rodrigues’ defense, having during them, states that a less unfair dosimetry of the penalty would reduce the conviction to 10 years.
During the trial in the (Federal Supreme Court) that Minister Luiz described the hairdresser’s penalty as exacerbated and said he would make a revision of her. He .
In a statement, lawyers Hélio Júnior and Tanieli Telles expressed concern about excerpt from the minister’s speech in which he claims that the Supreme “has already judged under violent emotion.”
“The Federal Constitution ensures that every judgment must be conducted impartially, exempt and within the strict limits of legality,” the defenders say.
“When an STF minister publicly recognizes that sentences were uttered under emotion and that some penalties may have been exacerbated, it is evident that there was a removal from the fundamental principles of due process of law and the individualization of the penalty.”
The defense argues that Deborah was sentenced to a disproportionate penalty. “The recognition that there may have been excesses in the dosimetry of the penalty reinforces what the defense has been holding from the beginning: the defendants of this process are not receiving a fair trial, but being targeted by a political and emotional judgment,” they add.
Lawyers say the minister (STF) did not consider any attenuating and set all the penalties above the legal minimum.
“Although Minister Luiz Fux does not acquit Deborah of any crime, if the dosimetry of the penalty is applied less unfair, considering the penalty in its legal minimum, without considering any mitigating, we could have a reduction of up to 3.6 years, thus reaching the penalty of imprisonment in 10 years.”
If attenuating are applied, the penalty would fall significantly more, the lawyers, who ask the Supreme Court “to reveal the disproportionate convictions urgently and to respect the principle of proportionality of penalties, avoiding arbitrary decisions that hurt individual rights and guarantees, not only from Deborah, but of all defendants of 8 January.”
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