Minister Alexandre de Moraes, of the Federal Supreme Court (STF), ordered the suspension of the application of the Dosimetry Law (15.402/2026) in the criminal execution of Nara Faustino de Menezes, one of those convicted of participating in the undemocratic acts of January 8, 2023.
The application of the Law is suspended until the judgment, by the STF plenary, of Direct Unconstitutionality Actions (ADIs) 7,966 and 7,967, which challenge the Dosimetry Law.
In the decision, Moraes said that the execution of the sentence “must continue in full”, maintaining the measures already imposed.
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According to the minister, the pendency of the actions represents a “new and relevant procedural fact” that “could influence the judgment of the requests made by the defense” of Nara Faustino, which is why he considered “the suspension of the application of the law, for legal certainty” advisable.
Nara Faustino’s defense had requested on Friday the immediate application of the Dosimetry Law, which amended provisions of the Penal Execution Law and the Penal Code to insert new rules for regime progression and sentence remission for those convicted of crimes against the Democratic Rule of Law. The legislation also created a special cause for reducing sentences for crimes committed in a “crowd context”. The changes have an impact on those convicted of attempted coup d’état and anti-democratic acts in 2023.
In today’s order, Moraes mentions that, within the scope of the ADIs, he requested information from the President of the Republic and the National Congress within five days and then sent it to the AGU and PGR for a statement, “successively, within three days”.
Nara Faustino de Menezes was sentenced to 16 years and 6 months (15 years in prison and 1 year and 6 months in detention) and 100 days fine, in an initial closed regime, for the crimes of violent abolition of the Democratic Rule of Law, coup d’état, qualified damage, deterioration of listed property and armed criminal association.
The decision also orders the payment of R$30 million as a “minimum compensation amount” for collective moral damages, in solidarity with other convicts.
