An agreement under construction between the National Congress and Ministers of the Federal Supreme Court (STF) may lead to the reduction of the penalties of convicted by the scammer acts of 8 January. The proposal, which already has a ready draft, provides for the creation of a new criminal type for the defendants who participated in the invasions, but who have not performed leadership, planning or financing functions.
According to S.Paulo FolhaO, David Alcolumbre (Brazil-AP Union), still in May. It is expected that the measure advance rapidly, serving as an alternative to the broad amnesty proposal, defended by allies of former President Jair Bolsonaro (PL).
By the agreement, the main articulators of the coup attempt – including Bolsonaro – would not benefit from the new legislation. The proposal seeks to relieve the situation of hundreds of convicted for direct involvement in the acts, but who acted as participants, not as leaders.
The articulation provides for the introduction of a new crime in the Penal Code, which would punish actions against the Democratic Rule of Law committed under the influence of “collective action influenced by a crowd”. The penalty would be two to six years in prison – significantly milder than current crimes of coup and attempted abolition of the Democratic Rule of Law, whose punishment can reach 20 years.
As this is a more beneficial legal change to the defendants, the new law would have a retroactive effect. This would pave the way for early regime progression and even the release of prisoners for peripheral participation in the attacks of January 8. However, the defendants would still respond for crimes such as depredation and invasion of public building.
Behind the scenes, ministers such as Alexandre de Moraes, Luís Roberto Barroso and Gilmar Mendes participate in the negotiations. The signs within the Supreme is of acceptance of the proposal, provided that the differentiation between leaders and executors is rigorous. Moraes has even publicly expressed opposition to the broad amnesty.
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O, as the Senate government leader Jaques Wagner (PT-BA) indicated by saying that the measure helps to “distemance” the relationship between powers. Bolsonaro’s party, which insists on the approval of a broad amnesty. Nevertheless, Centrão parties show willingness to isolate the former president’s caption and support the new text.
If approved, the proposal may redefine the judgment of the defendants of the January 8, while seeking to preserve the responsibility of the main involved in the attempt to break institutional.
