Project reported by Paulinho da Força (Solidariedade-SP) passed with 291 votes in favor in the early hours of this Wednesday (10); proposal changes the calculation of sentences and benefits convicts
In the early hours of this Wednesday (10), the Dosimetry Bill (PL 2.162/23) was approved, which amends the Penal Code to reduce penalties for crimes against the Democratic Rule of Law. The measure directly benefits those convicted of the acts of January 8 and, according to calculations by allies, could reduce the former president’s sentence from 27 years to around 2 years in a closed regime.
The vote, which ended shortly before 4am, recorded 291 votes in favor and 148 against, after a tumultuous session marked by obstruction from the government base and protests in the plenary.
Check out the main points of the approved text and how it impacts convictions:
End of the sum of penalties (Material Cumulus)
The central point of the project is the change in the crime competition rule. Currently, the Federal Supreme Court () has applied the material competition, adding up the penalties for each crime committed (e.g. Coup d’état + Violent Abolition of the Democratic Rule of Law).
What changes: The text creates Art. 359-MA, mandating the application of a formal competition. This means that only the penalty for the most serious crime will be considered, increased by a fraction (e.g. 1/6), prohibiting the “cumulative calculation”. For former President Bolsonaro, sentenced to more than 27 years, this change alone could reduce the sentence to around 20 years, according to preliminary estimates.
Mitigation for ‘Mob Crime’
A specific benefit was created (Art. 359-V) for crimes committed in a “crowd context”.
How it works: Anyone who participated in the acts without exercising leadership or financing will have their sentence reduced by one third to two thirds. The measure aims to differentiate the “mass” of organizers, given the thesis that the current penalties are disproportionate.
Softer rules for progression and remission
The project amends the Penal Execution Law (LEP) to facilitate the exit from the closed regime:
Accelerated progression: The text establishes that the regime progression (from closed to semi-open) will occur after serving 16% of the sentence (1/6) for primary crimes in crimes without serious violence, changing the current interpretation that required larger fractions for crimes against the State.
Redemption under house arrest: A new feature introduced by the rapporteur allows convicts under house arrest (with an ankle bracelet) to also deduct days from their sentence through work or study, something currently restricted to closed and semi-open regimes.
Behind the scenes of the vote
The rapporteur, deputy (Solidariedade-SP), defended the proposal as an “Aristotelian middle ground” to seek “national pacification”, avoiding both total amnesty (rejected by the STF and the government) and the penalties considered excessive by the Centrão and the Right.
The session was tense. Deputies from the government base tried to postpone the vote, arguing that the text benefits “coup plotters” and generates impunity. There was turmoil, including the forced removal of the deputy (PSOL-RJ) from the chair of the President of the House.
Practical impact
According to calculations by jurists and the rapporteur himself, the combination of the new rules (formal competition + mitigating factors + new progression) could cause Jair Bolsonaro’s time served in a closed regime to fall to around 2 to 4 years, with rapid migration to house arrest or semi-open regime.
The text is now being analyzed by , where the president of the House, (União-AP), signaled his intention to vote on the project later this year.
