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At least 542 defendants involved in “8 January” signed agreements with the Attorney General’s Office (PGR) to avoid convictions. Another 240, who refused the proposal, were sentenced in recent months to a year of imprisonment.
Scammer attacks from January 8 | Joédson Alves/Agência Brasil
The 39 -year -old hairdresser Débora Rodrigues dos Santos, who wrote “lost, Mané” with a red lipstick on the statue of justice, did not have access to the agreement. According to PGR, the reason was the severity of the crimes attributed to it.
By legislation, the agreement is appropriate, among other requirements, when the added penalties do not exceed four years of imprisonment, already considering the cases of increase and decrease in penalty, as the case of a specific case. In Deborah’s situation, the sum of the penalties of the crimes she responds reaches 14 years in prison, for the accounts of the rapporteur, Minister Alexandre de Moraes. The calculation was made based on the following crimes:
- Violent abolition of the Democratic Rule of Law (4 years and 6 months);
- Coup (5 years);
- Armed criminal association (1 years and 6 months);
- Qualified damage (1 year and 6 months);
- Deterioration of listed assets (1 year and 6 months).
The Federal Supreme Court (STF) clarified that the main criterion of differentiation between smaller and larger penalties was the hole of police blocks. On January 8, 2023, the Three Powers Square was surrounded by containment barriers. When protesters approached, military police officers from the Federal District and Army forces reinforced security in these blocks.
All those who advanced against the troops to reach the restricted areas have therefore focused on the five crimes described above, in greater or less degrees depending on the case of each. Based on this interpretation, the agreement with PGR was basically restricted to protesters who were in the barracks and ended up not actively participating in the invasions.
The terms of the agreement
The Agreement of Criminal Non -Persecution (ANPP) is signed directly with the Public Prosecution Service, either federal or state, in a stage prior to the application of the penalty by the court. The ANPP has the ability to interrupt the course of criminal action, provided that the accused assumes the blame for the crimes. It occurs in any sphere of the judiciary, from ordinary instances to the Federal Supreme Court. In the episodes of the “January 8”, the agreements were celebrated in the areas of the maximum instances, both the Public Prosecution Service – PGR – and the Judiciary Power – STF.
Among the ANPP access requirements are:
- Minimum penalty of less than 4 years;
- Integral reparation of damage to the victim, unless inability to do so;
- Sufficient evidence so that the investigation is not filed;
- Specific counterparts of cases in concrete.
The accused of the “January 8” benefited from the agreement pledged, for example, to pay fines of $ 5,000 and $ 50,000 – although in some cases there was no fine. Other terms accepted were: provision of community services, not using social networks for up to two years and undergoing a course on democracy taught by the Public Prosecution Service, the same sanction imposed on the convicts. But unlike those who rejected the agreements and ended up sentenced to one year of imprisonment, ANPP beneficiaries are still as “primary defendants” without notes of criminal record.
Mild crimes
According to a balance disclosed by the Supreme Court, there were 249 convictions related to “light crimes”. Of this total, 240 defendants were sentenced to up to 1 year in prison, six were sentenced to up to 2 years and 5 months and three received a penalty of 3 years. Most of those convicted of light crimes are between 51 and 60 years old.
Crimes graves
On the other hand, when the clipping refers to those convicted of serious crimes, an average age decreases. The preponderant age group becomes between 41 and 50 years. Secondly, comes the age group between 51 and 50 years. The penalties applied to the convicted for serious crimes begins in 11 years and 6 months, and go up to 17 years and 6 months. So far, 248 people have been convicted of the most serious crimes. Most at the level of 14 years in prison.
