Legislation reduces the penalties applied to those convicted of attempted coup d’état in the context of the acts of January 8, 2023
The Federal Attorney General’s Office (AGU) defended this Monday (19) the unconstitutionality of the Dosimetry Law and the granting of a precautionary measure to suspend its application. The statement was sent to the Federal Supreme Court (STF) and was signed on behalf of President Lula (PT).
On the 9th, Minister Alexandre de Moraes until its constitutionality was analyzed by the STF. The decision was published in response to ten requests for a sentence reduction convicted of the coup acts of January 8, 2023.
In this way, those convicted They will have to wait for the Court’s final decision to access the benefits provided by law, such as reduced sentences.
The Law of Dosimetry reduces the penalties applied to those convicted of attempted coup d’état in the context of the acts of January 8, 2023when supporters of former president Jair Bolsonaro invaded and vandalized the headquarters of the Three Powers, in Brasília, after his defeat in the 2022 elections.
AGU’s arguments
AGU argues that Congress could not have overridden Lula’s presidential veto of the law, and that the Senate violated the rites by substantially amending the project and not returning it to the Chamber. It also points out that the new law created a situation of deficient and disproportionate protection for crimes against the State.
One month after the veto, the Congress approved the Anti-Faction Lawwhich also brought new rules for sentence progression. According to Alcolumbre, a detailed analysis showed that the two projects conflicted.
The president of the Senate used the Internal Regulations of the Senate to declare the “harmfulness” (that is, the loss of validity for voting) of conflicting excerpts. He justified the maneuver for two main reasons: temporalitysince the Anti-Faction Law was voted later, and the purposeas the original intention of the Dosimetry PL was not to relax the rigor against these specific crimes.
O, president of Congress, on May 8, after the veto on the text was overturned. The opinion analyzed a Direct Unconstitutionality Action by the Brazilian Press Association (ABI) that questioned the law.
The text also points to the softening of penalties against the Democratic Rule of Law, in addition to forcing judges to consider the crimes of violent abolition of the Democratic Rule of Law and coup d’état as a single crime, which, in the AGU’s opinion, offends the separation of Powers and the principles of culpability and individualization of punishment.
The AGU concluded its argument by advocating that the STF act to restore coherence to the legal system and ensure that attacks against democracy receive a firm, technical and proportional state response to the severity of the conduct, avoiding impunity.
