The Federal Supreme Court (STF) Minister Flávio Dino said on Friday, 3, that he hopes that Congress will not reduce the penalties applied by the Court to convicts for attempted coup, as the bill of Dosimetry (PL) should predict. According to him, the fixation of punishments by the Supreme Court follows international standards and is in line with the Brazilian legal tradition.
“There is an almost unanimous decision of the Court saying that crimes like this do not include extinction of punishment by political decision,” said Dino. “Regarding the size of the penalty (…) Congress can change? It can. I particularly hope it won’t do it because I consider the law in force good.”
The magistrate stressed that crimes such as attempted coup, terrorism and heinous offenses are not subject to amnesty or pardon, a position already consolidated by the Supreme in previous decisions and which he considers majority in the court.
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Although he recognizes that Congress has the power to change the legislation, he said he hopes that this will not happen, understanding that the norm in force is adequate, especially by differentiating two distinct conduct: the attempt to testify a legitimately elected government that affects the executive, and to abolish the Democratic Rule of Law, which reaches other powers.
In addition, Dino rejected the approval of the Constitution and Justice Commission (CCJ) of a project that aims to limit monocratic decisions of the Supreme Ministers.
He stated that such measures have always been part of the judiciary’s daily life and are provided for by law, precisely for cases where there is consolidated jurisprudence. For him, the Congress proposal should not substantiate the current practice.
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“There is no such serious decision – we talk about amendments, the environment, crimes – that was monocratic. None of these was. So, in fact, there is a misunderstanding,” said the minister. “I remember that all powers have monocratic decisions. The mayor utters monocratic decisions. The Senate president utters monocratic decisions. They make the agenda, the order of day, decide issues of order, designate rapporteurs.”
