The plenary of the approved this Wednesday (17) one of those convicted of the coup attacks of January 8th and benefits the former president (PL).
The text was approved with an amendment by the senator and former judge (-PR) that restricts the scope to crimes against the democratic rule of law — a change considered only in the wording.
As the proposal had already passed through , it now goes to presidential sanction. The expectation is that () a , as stated in Sheet.
Understand in four points what the Senate approved, what the Chamber’s text was like, what the changes were, what the sentence for Bolsonaro and other convicts might be like and what the next steps are.
What did the Senate approve?
The proposal says that the penalties for the crimes of coup d’état and violent abolition of the democratic rule of law should not be applied cumulatively when inserted in the same context.
In this case, the text establishes as an alternative that the most serious penalty of the two must be applied (or, if they are equal, only one), increasing the punishment by one-sixth to one-half.
The text also provides for a penalty reduction of one to two thirds for crimes of attempted coup or abolition when they have been committed in a crowd.
Furthermore, it sets the shortest possible time to serve the sentence for regime progression for these crimes, one-sixth, regardless of recidivism or the use of violence or serious threats.
There were 48 votes in favor, 25 against and 1 abstention.
What did the Chamber approve?
The exception was that those convicted of crimes against life and property, involving the use of violence or serious threats, should serve at least 25% of the sentence to advance their regime — or 30% in case of repeat offense.
As shown by Sheetthis text would accelerate the regime progression for people found guilty of other crimes outside this list, such as .
Deputies approved the project on December 10th with 291 votes in favor. Those opposed totaled 148, and there was 1 abstention.
The proposal was an alternative to the original project, which granted amnesty to those involved in January 8 and the coup plot. The change was the result of an agreement between the leadership of the Chamber and the (Federal Supreme Court).
What were the changes?
The senators adopted an amendment suggested by Moro to limit the reduction of sentences only to crimes against the rule of law, for which those involved in January 8 were convicted.
The change was considered a drafting amendment, not a merit amendment, which in the latter case would mean that the project would have to be returned for new analysis by the Chamber. Therefore, the proposal went straight to sanction.
How should Lula position himself?
The PT member stated this Thursday (18) that he will. “I have been saying that the people who committed the crime will have to pay for the acts committed against this country.”
The President of the Republic can veto part or all of a project, but congressmen can reject this veto. In this case, the law is promulgated without necessarily presidential consent.
To reject the veto, an absolute majority of votes from deputies and senators is required, that is, 257 votes from deputies and 41 votes from senators, counted separately.
The debate must still return to the Supreme Court, with the possibility of the approved matter being questioned. The court must also interpret how any legislation applies to penalties already set.
What is the impact on feathers?
The proposal would bring reductions in both the total sentences and the minimum time in a closed regime for those convicted of the coup plot and the 8th of January. .
The proposal could reduce the time that the former president will spend in a closed regime from the current range of 6 to 8 years to something between 2 years and 4 months and 4 years and 2 months, depending on the interpretation.
