The minister interrupted the application of the law until the STF judges actions that question the constitutionality of the rule
Senator Izalci Lucas (PL-DF), leader of the opposition in Congress, criticized minister Alexandre de Moraesof the Federal Supreme Court (STF), for having suspended the promulgation of the dosimetry law this Saturday (9).
According to the senator, the decision is a suspension of the popular willafter stating that Parliament, elected by the people, voted in favor of the law, and that “a single man, not elected, erased that decision with the stroke of a pen”.
The text also says that the measure is a “unacceptable collision to the prerogatives of the Legislative Power” and a “dangerous inversion of legal certainty”.
Izalci ends by arguing that there is an urgent need for a PEC that limits monocratic decisions that suspend laws approved by Parliament.
Moraes’ decision
Alexandre de Moraes suspended the application of Dosimetry Law until the Court judges actions that question the constitutionality of the rule.
In the decision, the minister stated that the existence of direct actions of unconstitutionality against the Dosimetry Law represents a “new and relevant procedural fact”, which justifies the suspension of the application of the standard until the Supreme Court concludes its judgment on the constitutionality of the text.
The decision was published this Saturday in response to ten requests for a sentence reduction. condemned on January 8th.
In this way, those convicted They will have to wait for the Court’s final decision to access the benefits provided by law, such as reduced sentences.
When analyzing the requests, Moraes mentioned that the Brazilian Press Association (ABI) and the PSOL-Rede federation sued the Supreme Court to question the constitutionality of the Dosimetry Law.
The actions challenge the section of the new legislation that provides that, in cases of crimes against the Democratic Rule of Law and coup d’état carried out in the same context, only the most serious penalty will be applied, without the sum of the punishments, as was the case previously.
According to the authors of the actions, the change could create more favorable treatment for crimes related to institutional breakdown, allowing those convicted of attacks on democracy to receive milder sentences than perpetrators of common violent crimes.
Promulgation
A had been announced on Friday (8), after the National Congress overturns the full veto of President Luiz Inácio Lula da Silva (PT). The government argued that the text went against the public interest by reducing penalties for crimes against democracy.
A Dosimetry Law reduces the penalties applied to those convicted of attempted coup d’état in the context of the acts of January 8, 2023when supporters of former president Jair Bolsonaro invaded and vandalized the headquarters of the Three Powers, in Brasília, after his defeat in the 2022 elections.
Moraes was the rapporteur of the criminal actions related to the coup acts and responsible for the convictions of those involved.
Also on Friday, the informed that they would sue the STF to challenge the constitutionality of the new law.
