The former president convicted of an attempted coup d’état can migrate to the semi-open regime within a period of between two and four years
Congress approved this Thursday (30) the overturn of Lula’s (PT) presidential veto on the Dosimetry PL. THE measure reduces the sentences of those convicted of the January 8 coup acts.
Former president Jair Bolsonaro is among those who benefited. Initially sentenced to 27 years and three months in prison, he would only have to serve 5 years and 11 months in the closed regime. He could then migrate to the semi-open regime in two to four years, considering days of work or study converted into a reduced sentence.
The text approved in December in the Senate, which determines that crimes of attempting to end the Democratic Rule of Law and coup d’étatwhen practiced in the same context, will result in use of the most serious penalty instead of the sum of both penalties.
In Bolsonaro’s case, they are violent abolition of the Democratic Rule of Law, with a sentence of 4 to 8 years in prison, and a coup d’état with a sentence of 4 to 12 years; Therefore, it is worth a coup d’état, with an increase of one sixth to half.
Another definition was reduction of sentence from one third to two thirds in cases where the infractions occur in crowdsbut the defendant cannot have played a leadership role or financed the acts.
The penalties must still be reviewed by the Federal Supreme Court (STF), that is, they are not automatic even after the text is promulgated.
The president of the Senate, Davi Alcolumbre, removed excerpts from the PL of the Congress voting agenda. The decision, communicated in plenary, aimed to avoid that the possible overturn of the veto ends contradicting the Anti-Faction Law. The information had been anticipated by Jovem Pan News.
According to Alcolumbre, a detailed analysis showed that the two projects conflicted. “This scenario would represent an invalidation of the recent expression of will of this National Congress on this matter, as well as it would mean a step back in actions to combat crime, especially feminicide and organized crime”, explained Alcolumbre.
The focus of the project is a change in the calculation of sentences, “calibrating the minimum and maximum sentences of each criminal type, as well as the general way of calculating sentences, also reducing the time for progression from the closed to semi-open or open prison regime”.
Beneficiaries
With the veto overturned, the new form of sentence addition will benefit all those convicted of the attempted coup d’état, such as those in the main group:
- Jair Bolsonaroformer President of the Republic;
- Almir Garnierformer Navy commander;
- Paulo Sérgio Nogueiraformer Minister of Defense;
- Walter Braga Netformer Minister of the Civil House;
- Augustus Helenusformer head of the Institutional Security Office (GSI);
- Anderson Torresformer Minister of Justice;
- Alexandre Ramagemfederal deputy;
This group was sentenced to sentences ranging from 16 years to 24 years in a closed regime by the 1st Panel of the Federal Supreme Court (STF), definitively, on November 25 of last year.
Approval of the original text
In December, the Chamber of Deputies had already approved the original text of the bill by 291 votes to 148. Subsequently, the Senate approved the proposal in a roll call votecom 48 votes in favor and 25 against.
The original text provided amnesty for all those involved in the acts of January 8 and of accused of the four groups related to coup attempt judged by the Federal Supreme Court (STF). But this article was removed from the project.
