The defense of those convicted of the coup attacks criticized the decision of the minister, of the (Supreme Federal Court), that reduces the sentence of those involved in the case.
Moraes stated this Saturday (9) that he will await the court’s decision on the constitutionality of the new legislation—the call, which has already become a reality.
“The National Congress approved a law. The law was enacted. The law was published. The law is in force. And even so, it is no longer applied by an individual decision based on a bureaucratic suspension until future judgment of actions in the Supreme Court”, says a note from Helio Junior, lawyer for Débora Rodrigues, and other defendants.
The decision of the minister, who is the rapporteur of the case, appears in the criminal executions of at least ten cases related to the January 8th coup attacks. The decisions were taken as a result of the promulgation, made by the president of , (-AP).
last Friday (8), after the president () let the deadline expire after . As provided for in the Federal Constitution, the responsibility for promulgating, in these cases, passes to the President of the House.
The federation -Rede and the ABI (Brazilian Press Association) called the Supreme Court on Friday to block the law. As shown by Sheet, but with messages about combating undemocratic acts.
“Instead of allowing the immediate application of a more beneficial criminal law — something historically guaranteed by the Brazilian legal system — it was decided to prevent its effects even before a definitive decision by the plenary”, states the lawyer.
The approval of the text, which could benefit the former president (), represented a defeat for the government in Congress. Today, Bolsonaro is serving a sentence of 27 years and three months in prison at home, convicted of five crimes, as leader of the coup plot.
The measure reduces the time he must spend in a closed regime, from the current range of 6 to 8 years to between 2 years and 4 months and 4 years and 2 months, depending on the interpretation.
Commenting on the decision this Saturday, during a campaign event in Florianópolis, the presidential candidate (PL-RJ) said that democracy is being shaken.
“Now, very strangely, he goes and makes this stroke. Once again, a combined game. Once again, it is democracy that is shaken. In a monocratic stroke, once again, a minister of the Supreme Court revokes the decision of us, the true representatives of the people”, he said.
Other opposition figures criticized the minister’s decision. The senator and former judge (PL-PR) wrote on his networks that those arrested on January 8 are in a hurry and thirst for justice.
“Every law has a presumption of unconstitutionality. It is not reasonable to suspend law 15,402, which reduced the severe sentences of those convicted of 8/1, just because PT satellite parties and associations filed unconstitutionality actions with the STF,” he said.
The leader of the opposition in the Senate, Rogério Marinho (PL-RN), stated that there is no democracy when “a judge rules alone above all” and demanded that the Chamber approve the PEC (proposed amendment to the Constitution) that regulates monocratic decisions.
“Minister Moraes’ monocratic decision did not just suspend a law. It suspended the popular will. […] It is up to the people to elect courageous representatives to promote a true and sane reform of the Judiciary in 2027”, he published in a note.
Blogger Paulo Figueiredo, who was indicted by the PGR (Attorney General’s Office) for involvement in the case, also spoke out.
“Alexandre de Moraes has just laughed in the face of the people and Congress once again. […] How long will Congress accept this kind of thing?” he wrote on X (formerly Twitter).
The leader of the opposition in the Chamber of Deputies, Cabo Gilberto Silva (PL-PB) stated that the “National Congress [foi] closed once again by the STF”.
Federal deputy Gustavo Gayer (PL-GO) called Moraes a sadist, while Mauricio Marcon (PL-RS) said that the minister puts “the National Congress on its knees at the request of Lula and the PT”.
Government parliamentarians have already expressed support for the measure, including the PT leader in the Chamber, Pedro Uczai (SC).
“The decision preserves legal certainty and prevents a tailor-made legislative change from producing immediate effects to reduce the sentences of those who attacked democracy. Congress can legislate, but it cannot use the law as a shield for those who tried to carry out a coup d’état,” he wrote.
In his publication, he says that the minister fulfilled the role of constitutional check and balance through constitutionality control “in order to strengthen the path of protection of the democratic rule of law”.
Former minister Gleisi Hoffmann (PT-PR) stated that the “agreement to benefit Jair Bolsonaro and his accomplices is not above the Constitution” and that coup attempts must be faced, “including those that arise from spurious agreements to benefit criminals”.
(RJ), former PT leader in the Chamber, also celebrated the measure, which he referred to as a victory for the Constitution. “The STF has placed the constitutional brake. Now the debate goes to the plenary of the Supreme Court. Brazil needs to affirm that a crime against democracy requires a firm response from the State. Coup perpetrators do not deserve amnesty. They deserve to serve time in jail!”, he published.
Federal deputy Fernanda Melchionna (PSOL-RS) celebrated PSOL’s initiative to question the law and said it was a “shame that Congress works to stifle crimes by those who undermine democratic freedoms”.
