The defense of hairdresser Débora Rodrigues dos Santos, known as “Débora do Batom”, appealed this Monday, 11th, the decision of Minister Alexandre de Moraes of the Federal Supreme Court (STF) that suspended the application of the Dosimetry Law. Known for having spray-painted the statue of Justice in the coup attacks on January 8, 2023, she was sentenced to 14 years in prison.
On Saturday, the 9th, Moraes signed a monocratic decision suspending the application of the Dosimetry Law in criminal executions of those convicted of the undemocratic acts of January 8th. The minister ordered the suspension of the effects of the rule until the Supreme Court judges the actions that question its constitutionality.
The hairdresser’s lawyers filed a regulatory appeal requesting urgent protection, an appeal used to contest the rapporteur’s individual decisions. According to the defense, the suspension of the law prolongs “restrictions on freedom potentially incompatible with the current legal order”.
In addition to the immediate suspension of the effects of Moraes’ decision, the lawyers ask that the appeal be analyzed by the Court’s plenary session and that progression to a “less serious” regime be authorized, with the revocation of precautionary measures “incompatible with the new enforcement reality”, including the removal of Débora’s electronic ankle bracelet.
The defense also requests that any favorable decision have its effects extended to the others convicted of the acts of January 8th.
Last Monday, the 4th, Moraes had already denied a request from Débora’s defense to review the sentence based on the Dosimetry Law. According to Moraes, the request did not apply because the measure was not yet in force.
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The president of the Senate, Davi Alcolumbre, promulgated the rule this Friday, 8th, after the veto of President Luiz Inácio Lula da Silva (PT) was overturned by Congress. The text provides for the reduction of sentences for those convicted of crimes against the Democratic Rule of Law and directly benefits former president Jair Bolsonaro (PL) and the January 8 defendants.
The actions that question the Dosimetry Law in the STF were filed this Friday by the Brazilian Press Association (ABI) and the party federation Psol-Rede.
After being appointed rapporteur for the processes, Moraes requested information from the President of the Republic and the National Congress, which must be provided within five days. Subsequently, the files will be sent to the Attorney General’s Office (AGU) and then to the Attorney General’s Office (PGR), who will each have a period of three days to respond.