The minister, of the (Supreme Federal Court), applied this Sunday (10) to the, known as “Débora do Batom, the understanding that suspended the one approved by and that can reduce the sentences of the former president () and others and for the coup acts of.
Moraes’ position was expressed this Saturday (9) in criminal execution processes of at least ten cases related to the 8/1 attacks.
In this Sunday’s decision, the rapporteur repeats that he will await the judgment of the court’s plenary session on the constitutionality of the measure, which has already been approved.
“The supervening filing of a direct action of unconstitutionality and, consequently, the pending trial in concentrated control of constitutionality, constitutes a new and relevant procedural fact, which could influence the judgment of the requests made by the Defense, recommending the suspension of the application of the law, for legal certainty”, he said.
The actions that question the law were drawn on Friday night (8) to Moraes himself. Therefore, in addition to reporting cases related to the coup plot and attacks on the headquarters of the three Powers, it will conduct actions on the size of penalties for crimes related to the cases.
At the beginning of the week, the president of , (-AP), enacted the Dosimetry Law on Friday (8), after the president () let the deadline expire after Congress.
Also on Saturday, the defense of , known as “Débora do Batom”, and other convicts said that Moraes’ decision causes “huge legal and institutional concern”.
“The National Congress approved a law. The law was enacted. The law was published. The law is in force. And even so, it is no longer applied by an individual decision based on a bureaucratic suspension until future judgment of actions in the Supreme Court”, says a note from lawyer Hélio Garcia Ortiz Junior.
“Instead of allowing the immediate application of a more beneficial criminal law — something historically guaranteed by the Brazilian legal system — it was decided to prevent its effects even before a definitive decision by the plenary”, he adds.
The hairdresser participated in the 8/1 attacks and became known for spraying lipstick on a statue in front of the STF, with the phrase “lost, idiot”. She was sentenced to 14 years in prison for the crimes of attempted violent abolition of , coup d’état, damage to listed property, qualified damage with violence and armed criminal association.
Débora since last year. The lawyers also wanted the hairdresser’s freedom.
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