The bill to combat coup acts discussed by will also have an impact on other criminals, with a faster regime progression for people found guilty of coercion during the process, arson and resistance against public agents, among other crimes, according to a technical study by three parties.
Currently, the legislation provides that crimes committed with violence or serious threat will only progress after 25% of the sentence has been served, if the convicted person is a first-time offender. This would increase the time that ex-president Jair Bolsonaro (PL) would spend in a closed regime and, therefore, the project changes the law to allow it, even in the case of violent crimes.
Bolsonaro was charged with five crimes by the (Federal Supreme Court), including violent abolition of the Democratic State and attempted coup d’état, which require “violence or serious threat”. The project allows for regime progression in these cases to occur after 16% of the sentence has been served, as already happens in crimes without the use of violence.
Regime progression is the transfer of a prisoner to a more lenient penal regime (from closed to semi-open, or from semi-open to open), after meeting the requirements for time served and good behavior.
To prevent other violent crimes from also benefiting, the rapporteur, deputy (Solidariedade-SP), placed exceptions in the project: violent crimes or those involving serious threats cannot be included in chapters 1 and 2 of the Penal Code (which list crimes against the person or property).
However, there are crimes that are not on this list and that can also be committed using violence, and whose convicts could benefit from a faster change of prison regime, which could lead to semi-open or complete release from prison.
According to a PSB survey, among the criminals who could benefit are those convicted of resistance (if someone uses violence or threats to prevent or hinder a legal act by a public official) or for using violence to prevent or disrupt a religious ceremony.
Others who can take advantage of the project are those convicted of coercion during the process (such as threatening witnesses to change their testimony), attacks on transport safety (using violence to take control of a vehicle, aircraft or vessel) and arson (can be committed using violence or threats to expel someone before setting fire).
Crimes against the organization of work will also have an earlier sentence progression, if the law is changed in accordance with the proposed project. This would include the use of violence or threats to prevent someone from working, stopping work through violence and breaking into an industrial or commercial establishment with violence.
Leader of the PSB in the Chamber, deputy Pedro Campos (PE) states that the report will affect those convicted of other crimes. “The measure they are talking about that serves to benefit Bolsonaro and the people of 8 de Janeiro —which would already be absurd— could be useful for many people who are in prison today or who are still going to commit crimes by spending less time in the closed regime”, he says.
Project rapporteur, deputy Paulinho da Força, told Sheet that the interpretation is wrong and only those involved in the coup plot will be affected. “There is no other change,” he said.
Despite this, PL deputies state that they sought out the rapporteur with the concern that those convicted of other crimes might benefit from a faster release from prison.
