The topic will return to the agenda after the end of the recess and should provoke a clash between the government and the opposition
With the end of the parliamentary recess, deputies and senators resume work in the National Congress next week. One of the main topics on the opposition’s radar is the analysis of President Luiz Inácio Lula da Silva’s (PT) veto of the Dosimetry PL, approved by the Legislature at the end of last year.
The text changes criteria used by judges in setting sentences. The proposal limits the magistrates’ room for interpretation in the first phase of dosimetry. Squid . The government argues that the measure compromises the autonomy of the Judiciary and the individualization of punishment.
With the return of the legislative calendar, party leaders are already articulating the inclusion of the veto in the next sessions of Congress. The expectation is of a political clash.
Opposition parliamentarians defend the overturn of the veto. They argue that the change reduces sentences applied to those convicted of the January 8 acts.
The government tries to maintain the veto. The assessment is that the topic is sensitive from a political and constitutional point of view.
For the veto to be overturned, the vote of an absolute majority of deputies and senators in a joint session of the National Congress is necessary. Otherwise, the veto will be maintained.
Behind the scenes, the reading is that there are enough votes for the overthrow. The project was built with support from the center and the right.
Experts estimate that, even with the veto overturned, the issue could end up at the Federal Supreme Court. The tendency, however, is for Congress to maintain its decision.
The resumption of the debate puts discussions on criminal policy, judicialization of politics and separation of powers back on the agenda. There is still no set date for voting.
Approval in Congress
In December, the approved the bill by 291 votes to 148. The Senate then approved the proposal in a nominal vote, with 48 votes in favor and 25 against.
The original text provided for amnesty for all those involved in the acts of January 8 and those accused of the four groups related to the attempted coup d’état judged by the Federal Supreme Court (STF). But this article was removed from the project.
Proposal
The Dosimetry PL determines that the crimes of attempt against the Democratic Rule of Law and coup d’état, when committed in the same context, imply the use of the most serious penalty instead of the sum of both penalties.
The focus of the project is a change in the calculation of sentences, “calibrating the minimum and maximum sentences of each criminal type, as well as the general way of calculating sentences, also reducing the time for progression from the closed to semi-open or open prison regime”.
If it becomes law, the new form of sentencing should benefit all those convicted of the attempted coup d’état, such as those in the main group:
- Jair Bolsonaro, former President of the Republic;
- Almir Garnier, former Navy commander;
- Paulo Sérgio Nogueira, former Minister of Defense;
- Walter Braga Netto, former Minister of the Civil House;
- Augusto Heleno, former head of the Institutional Security Office (GSI);
- Anderson Torres, former Minister of Justice;
- Alexandre Ramagem, federal deputy;
This group was sentenced to sentences ranging from 16 years to 24 years in a closed regime by the 1st Panel of the definitively, on November 25th of this year. Other penalties detention must be fulfilled after those of seclusion.
*With information from Rany Veloso
