Present him on Thursday (22) a new text for the bill that grant amnesty to the convicts in the scammers of January 8, 2023.
The version is more restricted than the previous one, but according to technicians heard by the Sheetleaves breach that can benefit the former president (PL) and other defendants accused of leading the coup plot.
The text provides for the benefit only for crimes against the Democratic Rule of Law to “individuals who have participated directly in demonstrations on January 8, 2023, which resulted in the depredation of public and private assets.”
Although the PL already had Bolsonaro’s endorsement to move the text approved by the CCJ (Constitution and Justice Commission) last year, this is the first time a new version has been publicly presented.
The previous one provided for the general amnesty of the period from January 8 until the promulgation of the law.
The text said that the benefit would be granted “to all who participated in demonstrations with political and/or electoral motivation, or supported them, by any means, including contributions, donations, logistical support or services and publications on social media and platforms.”
House technicians say, in private, that the new document maintains a breach that can benefit Bolsonaro. They claim that, legally, there is no “direct participant” figure, but author (who executes) and participant (provides aid) of a crime. The text was ambiguous the way it is, according to them.
The lawyer and professor of criminal law at UFMG (Federal University of Minas Gerais) Frederico Horta had the same understanding, especially for the stretch that deals with those who participated directly in the acts.
“Brazilian law does not know this distinction. It blames for crime all those who in any way contributed to the crime. Every personal contribution is a direct contribution,” he said.
“If the law spoke in the executors of the attacks of January 8, except for the responsibility of the instigators, the financiers, whom by action or omission contributed, then it would be safe that would not enjoy Bolsonaro. But the way it is, takes advantage of everyone who participated.”
Criminal lawyer João Marcos Braga, in turn, evaluates that the text is indeed more restrictive than the previous one, which would make it difficult to defend the defendants, if they wanted to benefit from the legislation.
“It would not embrace, in my view, eventual people behind January 8th. It seems to be even more restrictive. It makes it more difficult for the defense to make it applicable to it [Bolsonaro]”He said.
The former president is being accused of leading the coup plot, even though he was not present in Brasilia on the day of coup attacks-he was in the United States.
The text has not yet entered the system, but was distributed to journalists by the party leader’s team (RJ). This week, he was charged at the meeting of leaders to present a new proposal, because there would be no consensus around the previous text – which granted broad, general and unrestricted amnesty.
The PL leader denies that the text can benefit Bolsonaro and other defendants. “It is clear that he and other defendants are not contemplated. There is nothing specifying their cases,” he said.
Asked if the former president would have endorsed the project, Sostenes said Bolsonaro did not see this last version, but would approve. “How am I talking to him always [sobre o texto]I’m sure I would have no objection. He was never [contemplado] In our text, I always said that, “he said.
A group of PL deputies attended the leaders meeting last Tuesday (20) to charge the mayor, Hugo Motta, to guide the amnesty project-which already has signatures necessary for urgency, when the text is analyzed directly in the plenary. But the leaders decided a few weeks ago not to carry the project.
The mayor told deputies during the leaders meeting on Tuesday that there is no consensus at the House about a broad amnesty for prisoners and convicted in the January 8 coup attacks. The text will not pass the strength, he said.
The speech was in response to Deputy Nikolas Ferreira (-MG). With other opposition members, he attended the meeting to charge the president of the House on Amnesty and CPI (Parliamentary Commission of Inquiry) of the INSS.
About the commission, the debate was faster, and Motta quoted the regimental issue that there are other requirements on the line. The discussion warmed when he moved to amnesty.
According to people who attended the meeting, Nikolas asked Motta a public position on the subject, remembering that in his room were the six children of a fugitive from January 8 a few months ago.
