No amnesty and with a 27-year-old conviction, the former president Jair Bolsonaro (PL) I would only return to the elections in 2062 at the age of 107.
The calculation takes into account the increase of the eight years of ineligibility by the application of Clean Record Law after serving the penalty imposed by the first class of the STF (Federal Supreme Court).
With this, Bolsonaro could apply from December 11, 2060. The next election would be two years ago in 2062.
By Article 15 of the Constitution, the revocation of political rights is applied to criminal convictions during the effect of the penalty.
This applies to the res judicata scenario, that is, of exhaustion of all appeals.
After the publication of the judgment – which may take up to 60 days – the first class will still analyze the declaration embargoes presented by the defenses. The lawyers will have five days for this.
Only after the decision on appeals can it be considered the so -called res judicata and the penalties are fulfilled.
Amnesty
During aparts in the session that, the rapporteur Alexandre de Moraes He stressed that crimes against democracy cannot be amnesty.
“Just as there is no pardon for the president, there is no amnesty for Congress, it is also not possible for forgiveness for the judiciary for crimes that undermine the Democratic Rule of Law,” said the minister.
Jurists heard by CNN They claim that there is no amnesty because the crime is unenforceable and that the only way out is the legislature to change the law and reduce penalties, which would retroact, to facilitate progression.
Regime progression
Sentenced to comply with a regime initially closed, former President Jair Bolsonaro could ask the semi-open conversion after serving part of the sentence.
Calculations take into account the fulfillment of 16% of the sentence (1/6)if the crime is committed without violence or serious threat to the person, or 25% (1/4) If it is committed with violence.
According to different jurists heard by CNNit is necessary to understand what will be the decision of the Execution Court, the judicial body responsible for conducting the phase of compliance with a court decision.
Taking into account the interpretation of most of the lawyers consulted, there is a characterization of violence, which allowed Bolsonaro to leave only after at least 6 years and 8 months in closed regime.
Others pondered that the issue of violence was evaluated in the Dosimetry itself, so that this has already been in the calculation. The calculation would then be 1/6 or the equivalent of about 4 years and 5 months.
Former President Jair Bolsonaro’s defense has already given indications, however, that he should claim health issues to trigger alternatives such as house arrest.
