The Dosimetry bill, already approved by the Chamber of Deputies, could benefit the convicts involved in the coup plot and the undemocratic acts of January 8, if it is also approved by the Federal Senate. The information was given by professor Gustavo Sampaio, a specialist in Constitutional Law at UFF, in an interview with Live CNN.
According to Sampaio, it evolved during the debates to restrict the reduction of sentences specifically to crimes against the constitutional and democratic rule of law, provided for in Law 14,197, sanctioned in 2021. “By the irony of fate, a law that was sanctioned and promulgated at the time of Jair Bolsonaro, the law of crimes against democracy”, highlighted the professor.
Law enforcement and benefits for convicts
lawyers for each of the convicts will be able to ask the Federal Supreme Court to adapt the sentence imposed. “Naturally, the lawyers for each of the convicts will speak before the Federal Supreme Court asking for the punishment imposed and the regime progression model to be adapted to the reality of each of the defendants convicted in these criminal actions”, explained Sampaio.
The professor clarified that this possibility is based on the principle of retroactivity of beneficial criminal law, typical of constitutional democratic states governed by the rule of law. “When the law benefits the defendant or the convicted person, or the person being investigated, whoever it may be, it applies backwards,” he said. On the other hand, when a law aggravates penalties or creates new crimes, it does not apply retroactively.
Requests for adequacy of sentences must be addressed to the first panel of the Federal Supreme Court, in the report of Minister Alexandre de Moraes. This is because, according to article 102, item 1, paragraph M of the Federal Constitution, in cases under the original jurisdiction of the STF, the court itself is the body responsible for executing the sentences.
Furthermore, the professor highlighted that the bill was designed to prevent other types of crimes, such as those linked to drug trafficking, from benefiting from the .
“Throughout the debates, a link was made to the bill to exclude other crimes from this nature of reducing sentences. Because when talking about criminal organizations, for example, it could benefit members of criminal organizations linked to the practice of other crimes, such as illicit drug trafficking”, Sampaio pointed out.
