Lawyers from and around have already begun preparing requests for sentence reduction that will be made to the (Supreme Federal Court) based on , but they fear that the judicialization of the issue will delay the analysis of these requests.
In a new setback for the government, the president () vetoed the proposal. PT leaders announced that they will sue the STF. The acronym understands that the new law does not respect the principle of impersonality, as it was designed to benefit a specific group of people, including the former president (PL).
In the evaluation of five lawyers interviewed by the Sheetrepresenting defendants from groups 1 and 2 of the attempted coup d’état, no decision on reducing sentences will be taken by the minister before the court decides whether or not the law is compatible with the Constitution.
Depending on who the rapporteur minister for the PT’s actions is selected, these lawyers do not rule out the possibility of granting an injunction that temporarily suspends the effectiveness of the Dosimetry PL, until the judgment on the merits is concluded by the Supreme Court plenary.
The view that judicialization can postpone the effective reduction of sentences is also shared by members of the DPU (Federal Public Defender’s Office), a body that provides legal assistance to more than 200 people involved in the invasion and depredation of the headquarters of the Three Powers, in 2023.
Starting next week, when the law officially comes into force, lawyers and public defenders intend to compare the changes in the text with the penalties decided by the First Panel of the STF when it judged the criminal actions. With this data in hand, they will ask the court for a recalculation.
The defenses understand that, if the law is considered constitutional, Moraes will have no alternative but to grant the requests, case by case. However, they recognize that the topic is sensitive and surrounded by tensions, especially at the current moment in the relationship between the Powers.
In December, when the First Panel of the STF finished judging the defendants from group 2, Moraes spoke out against the Dosimetry PL, which would be approved by Congress the following month. “It would be a message to society that Brazil tolerates or will tolerate new flirtations against democracy”, said the judge.
The minister understands that the change in criminal law is a responsibility of the Legislature, but he also took a position against the measure. “I personally hope he doesn’t do it, because I consider the current law to be good,” he said in October last year, during an event in São Paulo.
The Dosimetry PL says that the penalties for the crimes of attempted coup d’état and violent abolition of the democratic rule of law should not be applied cumulatively when inserted in the same context — as in the case of the defendants in the coup plot and 8 de Janeiro. The most severe penalty will be worth it or, if equal, only one of them, increased by one-sixth to half.
With the new rules, Bolsonaro, who was sentenced for leading the coup plot, can spend less time in a closed regime (he is temporarily at home due to health problems). If the current expectation is 6 to 8 years, the new law may reduce this period to between 2 years and 4 months and 4 years and 2 months, depending on the interpretation.
