The former president (), convicted of the (Federal Supreme Court), may progress to the semi-open regime from about 6 years of serving a sentence.
O and seven other accused of coup plot ended last Thursday (11). Still fit resources from the decision.
The defendants were convicted of the crimes of coup, armed criminal organization and violent abolition of the democratic rule of law.
With the exception of whose criminal action was partly suspended by the House, they were also convicted of qualified damage and deterioration of listed assets.
It is up to, rapporteur of the case. The minister must determine the site after the end of the process, when there are no more resources available.
By the law of criminal execution, punishment is progressively applied, with the transfer to the less rigorous regime when the target has fulfilled a part of it.
The defendants of the coup plot must serve 16% or 25% of the sentence to request the trip to the semi -open, according to experts.
Mauricio Dieter, professor of criminology at USP, says the difference is that the 25% fraction is applicable to crimes committed violently, including criminal organization, violent abolition of the rule of law, coup and qualified damage.
According to him, even the detention penalties, which are usually met in milder regimes, begin in closed regime due to the unification of the penalties and the presence of crimes that require closed regime.
Thus, considering Bolsonaro’s total penalty of 27 years and 3 months, it is reached 9,945 days. Applying the percentage of 25%, the result is 2,486 days, equivalent to approximately 6 years and 10 months of compliance before progression.
Criminal lawyer Renato Vieira, a doctor of criminal procedural law from USP, also states that the percentage should be applied on the sum of the penalties, because it is the total conviction that determines the progression of the regime.
He points out, however, that this reasoning can generate a distortion, as the unified calculation may include crimes without violence or serious threat. When applying the highest percentage, general progression is difficult.
As explained by Helena Lobo da Costa, a USP Criminal Law Professor, in the case of the former president, the incidence of percentages should depend on the type of penalty to which the defendant was sentenced.
“The crime of deterioration of overturned assets does not bring violence or serious threat as elements, which is why I understand that the 16%percentage would have to be applied,” she says.
“For others, as they involve violence or serious threat, it applies 25%-which is uninclusive to the armed criminal organization, which requires the use of firearm, which characterizes, in my view, threat.”
For this logic, the applicable would be the percentage of 25% of the penalty of 22 years and 3 months, resulting from the crimes of coup, abolition and criminal organization. This would add the 16% percentage for the crime of deterioration under the penalty of 2 years and 6 months.
Converting in days, 22 years and 3 months equivalent to 8,120 days. Applying 25%, you reach about 5 years and 7 months. Regarding the deterioration penalty, 16% corresponds to just under 5 months.
This interpretation disregards the conviction for the crime of qualified damage, whose sentence was 2 years and 6 months of detention, because this penalty does not admit the initial closed regime.
Without the crime of qualified damage to the account, the total reaches 6 years. With him, that is, adding a percentage of 25% (because of the qualifier of violence) over 2 years and 6 months, would give close to 6 years and 7 months.
Regime progression still depends on factors such as good behavior and redemption – lame reduction through work or study – which can anticipate the passage to a milder regime.
