Minister Alexandre de Moraes, of the Federal Supreme Court (STF), decided to temporarily suspend the application of the new Dosimetry Law to those convicted of the acts of January 8th. The measure interrupts, at least for now, requests for sentence reduction presented by defendants convicted by the court.
The decision was taken a few days after the (PT) promulgated the new rule. The law began to be used immediately by lawyers for convicts trying to review punishments applied by the STF.
Understand the main points of the case below
What is the Dosimetry Law?
The new legislation changes criteria used to calculate penalties related to the crimes of coup d’état and violent abolition of the democratic rule of law.
In practice, the text approved by Congress reduces punishment parameters that were being applied by the STF in processes linked to January 8th.
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The proposal gained strength in Congress after pressure from opposition parliamentarians and groups that classify the penalties imposed by the Supreme Court as excessive.
Why did Moraes decide to suspend the application?
The minister argued that there are constitutional doubts about the validity of the law and about the way in which the presidential veto was overturned in Congress.
According to Moraes, allowing the immediate application of the new rule before the final analysis by the STF could create legal uncertainty and affect future decisions by the Court.
Therefore, he ordered the temporary suspension of the law until the judgment of the actions presented to the Supreme Court.
What actions were presented to the STF?
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Two Direct Unconstitutionality Actions (ADIs) initially reached the court:
- one from the PSOL-Rede federation;
- another from the Brazilian Press Association (ABI).
Afterwards, PT, PCdoB and PV also filed a new action questioning the constitutionality of the rule.
The authors maintain that there was an irregularity in the so-called “slicing” of the presidential veto during the vote in Congress and claim that the law contradicts constitutional principles already consolidated by the STF.
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What happens now?
Moraes gave five days for the Presidency of the Republic and National Congress to provide information on the progress of the law.
After that, the Attorney General’s Office (AGU) and the Attorney General’s Office (PGR) will have three days to respond.
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Only then will the Supreme Court decide whether to maintain or definitively overturn the new legislation.
Who is affected by the decision?
The suspension directly affects those convicted of the acts of January 8th who had already requested a review of their sentences based on the new law.
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According to information from the STF, at least 24 requests were paralyzed until a further decision by the Court.
Among them is the case of hairdresser Débora Rodrigues dos Santos, known as “Débora do lipstick”, sentenced to 14 years in prison.
What is the political impact of the decision?
The case deepened the conflict between Congress and the STF over the punishments applied to those involved in attacks on the headquarters of the Three Powers.
Parliamentarians in favor of the law argue that the convictions were exaggerated. Supreme Court ministers already assess that the change could weaken the institutional response to attacks against democracy.
