The federation -Rede and the ABI (Brazilian Press Association) sued the (Supreme Federal Court) this Friday (8) to block, including the former president (PL).
The proposal by the president of , (União-AP), since the president () let the deadline expire after.
The parties and the entity ask that the law be considered unconstitutional and that a precautionary measure (urgency decision) suspend the effectiveness of the proposal, approved in December last year, until the actions are judged by the court’s plenary.
According to the PSOL-Rede federation, dosimetry gives privileged treatment to those who committed crimes with the aim of promoting a democratic rupture, which would be a “true inversion of constitutional logic” and a devaluation and relativization of the Democratic Rule of Law.
“Thus, while crimes that protect individual legal assets, such as property, physical integrity and personal freedom, remain subject to the most serious fractions of 20%, 25% and 30%, crimes aimed at institutional rupture begin to receive significantly milder enforcement treatment, subjecting themselves, in practice, to the general rule of progression corresponding to only 1/6 of the sentence”, he says.
The parties’ document does not directly quote Bolsonaro, but states that the dosimetry was approved in the context of the 2023 coup acts with the involvement of authorities and that there was a specific intention of the Legislature to slow down the accountability of those involved.
“The contested norm promotes a true selective disruption of the criminal protection of the Democratic Rule of Law, creating non-existent benefits for countless other crimes in the Brazilian criminal system and artificially weakening the state response applicable to those responsible for serious attacks on republican institutions”, he states.
In the same vein, the Brazilian Press Association says that the law promotes the trivialization of crimes against the rule of law.
“The persistence of these ideas, for even one day, shakes a democracy that is still very young, weakens familiarity with its foundations, and, in the end, it tends to succumb because we no longer see the great effort that was made for its institution and permanence”, he says.
“Certainly, a criminal law conceived in this way, in which democracy can be worth less than a theft, is in absolute disagreement with the 1988 Constitution, in particular with its art. 1 and its art. 5, item
The dosimetry law states that the penalties for the crimes of attempted coup d’état and violent abolition of the democratic rule of law should not be applied cumulatively when inserted in the same context. It will be worth the most serious penalty or, if equal, one of them, increased by one-sixth to half.
In Bolsonaro’s case, the measure reduces the time he will spend under a closed regime from the current range of 6 to 8 years to between 2 years and 4 months and 4 years and 2 months, depending on the interpretation. The former president was sentenced to 27 years and three months in prison by the STF for five crimes, as leader of the coup plot.
Congress vetoed Lula’s dosimetry bill. The measure had the support of 318 deputies and 49 senators.
As, the STF tends to validate the law, but with a series of messages about the need to rigorously combat any new law. Some of the ministers disagree with the proposal because they understand that the measure means encouraging new undemocratic acts, but there is a consensus that this is the prerogative of the Legislature.
