Last week, the National Congress overturned President Luiz Inácio Lula da Silva’s (PT) veto of the dosimetry bill, which provides for the reduction of sentences and changes in regime progression for those convicted of the acts of January 8th.
The decision was taken by the Chamber of Deputies and the Federal Senate, this Thursday (30).
Soon after Planalto’s defeat, the Minister of Institutional Relations, José Guimarães, told the g1 that the president should not enact the bill that should benefit former president Jair Bolsonaro (PL) by reducing the conviction and, consequently, the period of serving the sentence in a closed regime.
The behind-the-scenes expectation is that the government should question the constitutionality of the rule in the Federal Supreme Court, which should open a new chapter of institutional dispute.
According to the Constitution, after the rejection of a presidential veto, the text returns to the President of the Republic, who has 48 hours to promulgate the law. If Lula chooses not to sign the rule during this period, the attribution will automatically pass to the president of the Senate. If there is still no promulgation, the responsibility falls on the vice-president of the House.
The promulgation, however, does not imply immediate application of the new rules. After entry into force, it will be up to the defenses of those convicted of the acts of January 8 to call the Judiciary to request a review of the sentences based on the new legislation. The analyzes may take place both in the Federal Supreme Court and in criminal enforcement courts.
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The project changes the way penalties are calculated by preventing the addition of crimes such as attempted coup d’état and violent abolition of the Democratic Rule of Law. In practice, only the most serious penalty becomes valid, with proportional increases, in addition to providing for a reduction in punishment in specific cases.
The measure could reach at least 190 convicts, according to a survey by minister Alexandre de Moraes, including former president Jair Bolsonaro (PL), who is serving a sentence of more than 27 years in prison.
The government’s defeat in Congress was significant. In the Chamber, the veto was overturned by 318 votes to 144. In the Senate, the score was 49 to 24, easily exceeding the minimum necessary for rejection. The result occurred following another political setback, with the rejection of Jorge Messias’ name from the STF, increasing the pressure on Planalto’s articulation in the Legislature.
