Decision represents a second defeat for the federal government in less than 24 hours; on Wednesday (29), the Senate rejected the presidential nominee, Jorge Messias, for a vacancy on the STF
The Congress knocked down this Thursday (30) the (PT) at Dosimetry PLa project that reduces the sentences applied to those convicted of coup attempt and for involvement in coup acts January 8, 2023. The decision will benefit former president Jair Bolsonarowith the reduction of his sentence.
The Chamber of Deputies voted first and formed a majority to overturn the veto. There were 318 votes in favor of the overthrow, against 144 for maintenance. In the Senate, there were 49 votes in favor of overturning, against 24 in favor of maintenance.
The overturn of the veto represents a new defeat to the federal governmentone day after , the Union’s attorney general, Jorge Messias, was offered a vacancy on the Federal Supreme Court (STF).
President Lula on January 8th, precisely on the three-year anniversary of the undemocratic acts of 2023.
At the time, the president’s veto decision did not surprise parliamentarians behind the scenes, as Lula had been signaling that he would veto this measure. As justification, the PT member assessed that reducing the criminal response to crimes against the Democratic Rule of Law could encourage new infractions e represent a setback in the redemocratization process of the country. According to the justification sent to Congress, the project could also compromise constitutional principles as proportionality, isonomy e impersonality.
Approval of the original text
In December, the Chamber of Deputies had already approved the original text of the bill by 291 votes to 148. Subsequently, the Senate approved the proposal in a roll call votecom 48 votes in favor and 25 against.
The original text provided amnesty for all those involved in the acts of January 8 and of accused of the four groups related to coup attempt judged by the Federal Supreme Court (STF). But this article was removed from the project.
Proposal benefits Bolsonaro
The Dosimetry PL determines that the crimes of attempt against the Democratic Rule of Law and coup d’état, when practiced in the same context, imply the use of the most severe 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”.
With the veto overturned, the new form of sentence addition will benefit all those convicted of the attempted coup d’état, such as those in the main group:
- Jair Bolsonaroformer President of the Republic;
- Almir Garnierformer Navy commander;
- Paulo Sérgio Nogueiraformer Minister of Defense;
- Walter Braga Netformer Minister of the Civil House;
- Augustus Helenusformer head of the Institutional Security Office (GSI);
- Anderson Torresformer Minister of Justice;
- Alexandre Ramagemfederal deputy;
This group was sentenced to sentences ranging from 16 years to 24 years in a closed regime by the 1st Panel of the Federal Supreme Court (STF), definitively, on November 25 of last year.
*Material being updated
