Dear Senator Alessandro Vieira,
I respect your parliamentary performance very much. Just for this reason, I request the following clarifications, all regarding your project that reduces the penalty of criminals.
Its project alters the Penal Code to reduce the penalties of the accused of “trying, with the use of violence or serious threat, to abolish the Democratic Rule of Law, preventing or restricting the exercise of constitutional powers” (Article 359-L) and “trying to testify, through violence or serious threat, the legitimately constituted government” (Article 359-M) in cases where the defendant did not join the crime and committed his crimes and committed his crimes and committed his crimes and committed his crimes and committed his crimes and committed his crimes and committed his crimes and “Under the influence of a multitude on turmoil.”
The reduction is quite significant: today, the penalties range from 4 to 8 years (359-l) and 4 to 12 years (359-M), which is already quite low for crimes that are always committed with the objective of, in case of success, then commodity murder of opponents, systematically torture and censorship to the press. The new project reduces feathers to 2 to 6 years (359-l) and 2 to 8 years (359-m).
Senator, the application of the attenuating “crowd situation” to these articles is obviously wrong. Influenced by the crowd on January 8, the defendant may have committed more acts of public property depredation, for example; But that’s not when he committed the crimes provided for in Articles 359-L and 359-M.
The defendant tried to abolish the rule of law and testify the government legitimately elected when he participated in the invasion to convince the military to steal the votes of tens of millions of poor Brazilians who voted to then promote mass murder of the far -right opponents, systematic torture and press censorship. Who was in the Praça dos Três Powers on January 8 was there to do this, even if they have not broken a single glass. No crowd dragged them from their states to the square of the three powers.
Its project also provides for the absorption of the crime provided for in 359-L for the crime provided for in 359-M, that is: if the subject is sentenced to both, he will not serve the sum of the two penalties, only the penalty of 359-M.
I did not find in the project sealing this absorption in the case of organizers and funders of the coup and, to tell the truth, I do not know how to avoid applying it in these cases if it is established as a general rule.
Is that Senator? Does your project reduce the penalty of, the planners of Lula’s murder, and? Or is there any device here I didn’t realize?
Finally, the device that requires the defendants’ conduct to be individualized is: (a) redundant with the general rules of law or (b) a presumption that being present in the group that invaded the square of the three powers to force military intervention is not sufficient individualization for the crimes of 359-L and 359-M, which, as shown above, is false.
Senator, respectfully I ask the Lord to clarify my doubts. If this is not possible, I ask you to remove your project. Amnesty is not pacification, senator. From where and dozens of millions of Brazilians are looking, amnesty is a statement of war against us.
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