The PL Senate rapporteur on dosimetry, which reduces the sentences of those convicted in the coup plot, Esperidião Amin (PP-SC) stated that he is in favor of complete amnesty and that the question of approval or refusal is merely political.
“I defend amnesty. Now, I’m not just the voter, I’m the rapporteur”, he highlighted.” What is the impediment? [da redução de pena se tornar anistia] The impediment will only be due to a political decision”, he concluded.
The rapporteur’s proposal must be delivered to the Constitution and Justice Committee in the Senate by next Wednesday (17), with the expectation that the text will be voted on this year. Amin did not confirm that, in fact, he will try to transform the current text that reduces penalties into a broad amnesty for those involved in the coup plot, but highlighted that there is a “unanimous recognition” that the penalties imposed are exorbitant.
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The senator argues that an amnesty proposal is defended by the Constitution, which prohibits the veto of this type of pardon.
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The Chamber of Deputies approved, in the early hours of Wednesday (10), the Dosimetry Bill, which reduces the sentences of those involved in undemocratic acts on the 8th of January and, in practice, could benefit leaders of the coup plot such as former president Jair Bolsonaro.
The PL was approved with 291 votes in favor and 148 against. With approval in the Chamber, the text now goes to the Federal Senate for consideration.
Reported in the Chamber by deputy Paulinho da Força (Solidariedade-SP), the text modifies provisions of the Penal Code and the Penal Execution Law. The main change is the determination that the crimes of attempted coup d’état and violent abolition of the Democratic Rule of Law, when committed in the same context, will no longer have added penalties and will now follow the rule of their own formal competition, applying only the penalty for the most serious crime with an increase between 1/6 and 1/2.
The change directly affects Bolsonaro’s conviction, currently for five different crimes. With the new rule, the part of the penalty related to the attack on the Democratic Rule of Law would be recalculated based on the 8 years and 2 months of the coup attempt, plus the expected increase. The simulation results in a final sentence of between 22 years and 1 month and 24 years and 10 months, below the total currently defined by the STF.
The PL also changes the rules and reestablishes the advancement to semi-open after serving 1/6 of the sentence, except in heinous, violent crimes or crimes against life and property.
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As the sentences imposed on Bolsonaro do not fit into these categories, progression would occur earlier. With a revised sentence of between 22 and 25 years, he could leave the closed regime after serving between 3 years and 8 months and 4 years and 2 months.
