The National Congress overturned President Lula’s (PT) full veto of the project that reduces sentences for those convicted of the attacks on the Three Powers on January 8, 2023 — the so-called PL of Dosimetry. The measure represents yet another defeat for the government, but the practical application of the reduction in sentences should not be automatic.
According to the political analyst Matheus Teixeirathe final say on the reduction of sentences will be up to the Federal Supreme Court (STF). To the CNN New Day this Friday (1st), Teixeira informed that the without the need for it to go through the President of the Republic again.
STF will analyze constitutionality of the new law
The STF must first respond to a constitutional action that deals with , that is, it will determine whether the new law is consistent with the Federal Constitution or whether it is unconstitutional. “Even if the law is declared constitutional, the decision on its application will still remain in the hands of the Supreme Court,” said Teixeira.
What was approved is a unification of penalties that dealt with similar crimes — such as the violent abolition of the Democratic Rule of Law and action against democracy — and that were previously applied separately. “With unification, the expectation is that there will be a reduction in penalties”, explained the analyst.
However, Teixeira highlighted that the current discussion about sentence reductions are “predictions from jurists and specialists in criminal law, who are interpreting the new law.” It will be up to the STF to confirm, case by case, whether the reduction should in fact occur.
Individual cases and possible sentence reductions
Among the cases with the greatest repercussion, the estimate is that the (PL) be reduced by more than five years. Now for the general Walter Braga Netthe projection points to a significant reduction of almost ten years.
However, Matheus Teixeira highlighted that these estimates still need to be confirmed by the minister Alexandre de Moraes and, subsequently, by the entire STF or its first group, depending on the referral given to the plenary or the collegiate.
The analyst also highlighted that many people could be released from prison, as they have already served part of their sentences and, with the reduction provided for by the new law, they could progress through the regime.
Dosimetry as an alternative to broad amnesty
“Congress approved dosimetry as an alternative to broad, general and unrestricted amnesty,” said Teixeira. According to the analyst, amnesty was the proposal defended by the opposition. The construction of the text would have taken place behind the scenes, in dialogue with STF ministers. The expectation of Congress leadership is that the Supreme Court will not overturn dosimetry.
