Members of the (Supreme Federal Court) accepted the sentence reduction project approved by the National Congress even though they made public criticisms. One of the reasons is the fact that a wing of the court understands that the effects of the proposal will not be automatic for all defendants, including Jair Bolsonaro (PL), but assessed on a case-by-case basis, at the discretion of the rapporteur, minister.
The idea of a broad amnesty, defended by supporters of the former president, was completely rejected by the judges. But, as this initial proposal did not have the necessary support to advance in the Legislature, ministers and parliamentarians established a dialogue around the contours of the text that was approved this week in the Legislature.
According to two ministers, advisors to court magistrates and people close to the court and the discussions heard by the Sheeta wing of the STF participated in conversations to create the text both in the first stage, when it was processed in the Chamber, and later, when it was sent to the Senate.
This participation of magistrates, according to the people consulted, involved concrete suggestions for the drafting, which even came from Moraes. When contacted by the report through the court’s communications department, the minister’s office did not respond.
Despite this involvement of ministers in the discussion of the text approved by Congress, members of the First Panel, in charge of judging the coup plot, made statements against the possibility of mitigating the punishments imposed on those convicted, following an internal assessment that it was necessary to defend the work of the court over recent years.
On Tuesday (16), Moraes criticized the reduction of sentences at the end of the trial that unanimously condemned the former director and four other members of the coup plot.
“It is no longer possible to speak about mitigating sentences, in sentences applied after due legal process, applied after ample possibility of defense, because this would be a message to society that Brazil tolerates or will tolerate new flirtations against democracy,” he said.
He further stated that the setting of penalties serves both to convict the defendants and to prevent new attempts at democratic ruptures from occurring in the future.
“Prevent, make it very clear that it is no longer possible to take the State by storm, Ministry of Justice, Ministry of Defense, Institutional Security Office, Abin [Agência Brasileira de Inteligência]the Federal Highway Police should take action, to try to ensure that a certain group, which, I repeat, has turned into a true criminal organization, wants to remain in power forever, with these speeches that society is demanding that they remain in power”, he said.
Flávio Dino, president of the collegiate, stated that it is important to collect data on the size of sentences imposed on defendants. According to the ministers, there are distortions in the public discourse on the topic.
“The principle of individualization of the sentence was fully complied with,” said Dino.
That Tuesday, the First Panel concluded the analysis of the main sections of the PGR (Attorney General’s Office) complaint about the coup plot — only the fifth of them is missing, formed only by Bolsonaro businessman Paulo Figueiredo, who is on the run.
For one wing of the STF, the text will help with institutional detension, not least because of the understanding that it will be up to Moraes to interpret and apply, case by case, what the project approved by Congress provides.
Ministers have been the target of attacks for their conduct and judgment of cases for months, and recent police actions authorized by court ministers and targeting parliamentarians have intensified the crisis with the Legislature.
The so-called Dosimetry PL was approved on Wednesday (17) in the Senate plenary with a score of 48 votes in favor and 25 against. Like the Chamber, the proposal now goes to presidential approval.
The president (PT) stated that he will veto the project. He also denied any participation by Palácio do Planalto in the agreement that made it possible to vote on the matter in the Senate.
The Chief Executive has up to 15 working days to do so after receiving the veto matter.
“I have been saying for some time that the people who committed crimes against Brazilian democracy will have to pay for the acts committed against this country. The trial has not even ended, there are still people being convicted and people are already deciding to reduce the sentences”, he declared.
