The decision by Minister Alexandre de Moraes, of the Federal Supreme Court (STF), to suspend the immediate application of the so-called Dosimetry Law until the Court’s analysis led opposition parliamentarians to threaten a reaction from Congress. The movement would include articulating a Constitutional Amendment Proposal (PEC) that proposes a “broad, general and unrestricted” amnesty for those convicted of the acts of January 8th.
Allies of former president Jair Bolsonaro (PL) accuse the minister of violating the sovereignty of the Legislature and say they were surprised by the measure. On the other hand, government parliamentarians celebrated the decision and said they saw the gesture as a sign in favor of actions that question the constitutionality of the rule in the STF.
Moraes ordered on Saturday the suspension of the application of the Dosimetry Law, which could reduce the sentence of those convicted of state siege, in a criminal execution related to a woman convicted of the coup acts of January 8th. In the decision, the minister stated that the existence of direct actions of unconstitutionality (ADIs) presented by the Brazilian Press Association (ABI), by the Psol/Rede federation constitutes a “new and relevant procedural fact”, recommending the suspension of the application of the rule “for legal certainty” until the STF plenary session defines it.
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The measure, however, did not enter into the judgment of the merits of the actions that directly discuss the constitutionality of the law. The decision also does not indicate when the ADIs will be analyzed by the Court’s plenary, which led parliamentarians from both the opposition and the government base to preach caution about possible predictions regarding the future of the rule.
Even so, opposition leaders claim to see the decision as a reason to increase political pressure on the STF and accelerate agendas in defense of those convicted of January 8th.
An opposition leader privately told the Globo believe that Congress would be able to approve “a PEC of amnesty “in one week” as a response to Moraes’ decision. For this, however, it is worth considering, it would also require support from the presidents of both legislative Houses and a high degree of consensus on the agenda, which is unlikely to occur in order to break the regulatory deadlines.
The politician considers that the text itself was written by the rapporteur, deputy Paulinho da Força (Solidariedade-SP) under the supervision of minister Alexandre de Moraes, according to reports published at the time. — And now he does this? — questions the leadership. This congressman explains that a text for the PEC is being prepared behind the scenes, with the beginning of coordination for signatures afterwards.
Another front of attack on the minister takes place in the context of the Master case. Another member of the opposition also states that the group is still awaiting the outcome of the Commission’s opening requests being processed by the STF before defining the next political moves.
The dosimetry law was approved by the Chamber with 291 votes in favor and by the Senate with 48 votes. In analyzing President Luiz Inácio Lula da Silva’s (PT) veto of the text, Congress overturned the PT member’s decision with the support of 318 deputies and 49 senators.
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Senator Rogério Marinho (PL-RN) stated that Moraes’ decision represents an affront to the will of Congress and defended an institutional reaction from the Legislature. — It is called representative democracy when the people govern through their elected representatives. It’s called something else when a judge rules alone above everyone else,” he said.
Marinho also said that the decision “did not just suspend a law”, but “the popular will”, and defended that the Chamber “urgently” approve a PEC against monocratic decisions that suspend laws approved by Congress.
Deputy Sóstenes Cavalcante (PL-RJ) also criticized the decision and stated, in a document sent to parliamentarians, that “it is past time to separate the application of the law from any feeling of institutional revanchism”. The text defends “respect for the sovereignty of Parliament”, “immediate application of the Dosimetry Law” and “an end to the institutional hijacking of freedom”.
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Among government supporters, however, the decision was received as a setback to Bolsonarism. Representative Sâmia Bomfim (Psol-SP), whose party is the author of one of the actions against the law, said she considers the measure “very positive”.
— We expect the Supreme Court to respond to our arguments in the action. The Supreme Court itself has already reanalyzed some defendants case by case. What Bolsonaro supporters claim that there would be injustice or excessive penalties is not true – he stated.
The leader of Psol in the Chamber, Tarcísio Motta (RJ), stated that the party supports both thesis of formal and material unconstitutionality of the rule.
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— It is not within the scope of the ADIs, but it is a function of the ADIs. I think this points to the following: there will be a debate about the constitutionality of the law, so the most prudent thing is to avoid immediate application until the doubt is resolved — he said.
Representative Lindbergh Farias (PT-RJ) assessed that, even without anticipating the merit of the actions, the decision produces an immediate political impact.
— This decision must also have a major political effect. It’s a cold shower for Bolsonarism,” he said.
