Ministers of (Supreme Federal Court) attribute to the initiative to seek an alternative to reduce penalties of the convicted by.
The proposal to change the Penal Code to change the dosimetry of convictions was discussed by the president of, (-AP), e.
They refuse to have endorsed the proposal in gestation in Congress. They signal, however, that they should not resist the bill, according to three ministers told Sheet.
A more political wing of the Supreme, which has and as exponents, says that the court has applied in the cases of 8 January the penalties provided for in the Democratic Rule Defense Law, approved by Congress in 2021.
According to this perspective, criticism of high penalties for those accused by coup d’état should be addressed to congressmen, not the Supreme. The adjustment in the legislation would be a confession of the legislature, a minister said under reserve.
This wing in the Supreme has argued that it could contain the crisis, with the, individually analyzing the proceedings against the convicts. This, release provisional prisoners and authorize the progression of penalties throughout this year.
Rapporteur of more than 1,500 lawsuits of January 8, Moraes even put the strategy into practice. The movement was understood in the Supreme as a gesture of the minister for pacification.
From March 28 to April 30, he ordered the release of 28 reported by the attacks on the three powers. Cases involve provisional prisoners and condemned with health problems.
It also released for trial last month only cases of people who were camped at the Army Headquarters, whose one year of imprisonment are replaced by the obligation to take a course on democracy and provide community services.
Since March 28, the Supreme Court has judged 40 cases of January 8. All were sentenced to only one year of imprisonment – the hairdresser Debora Rodrigues dos Santos, whose trial was released by after requesting (more time for analysis).
Two other ministers heard by Sheet They say they are favorable to the proposal to reduce penalties as an alternative to the unrestricted amnesty supported by the pockets. They reject, however, the thesis that the change in the Penal Code is the result of an institutional agreement between the legislature and the judiciary.
The president of the Supreme Court, Minister, indicated that he would not oppose the change in legislation that would alter the penalties related to crimes committed on January 8, 2023.
“The solution to those who think the penalties were excessive is a change in the law. I don’t think it’s the case with amnesty, because amnesty means forgiveness. And what happened is unforgivable. But resizing the extent of penalties, if Congress understands well, is within its competence,” Barroso said in an interview with the newspaper O Globo published earlier this week.
According to the minister, a change in law could benefit people who have already been convicted of attacks on the headquarters of the powers.
According to STF members, the path to a sentence review after any change in legislation would be the analysis of a collective habeas corpus to the convicts.
There would be, however, a division between those who led the attempted coup and those who participated in the act of January 8 in the crowd that invaded the buildings. Exact separation depends on the terms of the law to be passed by Congress.
The eventual reduction of penalties would imply the release of much of the about 120 arrested by the attacks, since the progression of the regime is allowed from the fulfillment of one sixth of the penalty.
An initial version of the proposal to reduce the penalties of the people who participated in the attacks was prepared by the Legislative Consulting team subordinate to the Senate President.
The draft provides for three changes in the so -called Democratic Rule Defense Law.
The main change creates a new criminal type to punish those who perform acts considered against the Democratic Rule of Law, influenced by a crowd. It would be the case with those who were present on January 8. They would still be punished normally, however, by other crimes such as depredation, which has increased the total conviction time.
Depending on the circumstances of each individual’s involvement, this new crime would replace convictions for attempted violent abolition of the democratic state and attempted coup. Combined, these two crimes lead to feathers of 8 to 20 years in prison.
No, the new criminal type would have its punishment in a track of two to six years in prison. As the change in the law would be favorable to the accused, she would retroact to benefit those who have already practiced the crimes.
A second device of the proposal concerns the duplicate of accusations against those involved in the acts. Currently, Criminal Law provides for the material competition, a principle that penalties accumulate when a person commits two or more crimes in different actions.
According to the draft, the new law would maintain both criminal types, but create the possibility of conviction only for the abolition of the democratic state, with an aggravating in cases where the outcome of this act is an attempt to coup.
The third point of the proposal would be the inclusion in the legislation of a cause of penalties to leaders and responsible for planning these acts. The goal, according to parliamentarians, is to expand rigor against these characters and discourage other similar episodes.
This item, however, could not be applied to those reported for leading the coup attempt, such as the former president (PT), since change in criminal law only retroacting for the benefit, not to the defendant’s injury.
