The (Advocacy General of the Union) spoke out this Tuesday (19) for the suspension of the , which reduces the sentences of those convicted by the , including the former president (PL), and defended that the (Federal Supreme Court) declare the text unconstitutional.
In its opinion, the body states that “rewarding” the actions of those convicted of coup acts with a reduction of up to two thirds of the sentence “inverts the logic of aggravation”, since the number of people who participated in the acts increases the damage and makes the defense of institutions difficult.
“The seriousness of the insufficient protection generated by the law, once vetoed by the President of the Republic, requires the Federal Supreme Court to act as guardian of the Constitution, restoring the axiological coherence of the system and ensuring that attacks against democracy receive the firm, technical and proportional response that the gravity of their conduct requires in the face of history”, says the AGU.
The Union’s Attorney General also argued that the law benefits those who have tried and may try to subvert Brazilian democracy.
“By drastically and unjustifiably reducing the level of state response against crimes aimed at the violent abolition of the Rule of Law, the contested law undermines the positive duty of guarding the democratic order, leaving the central legal assets of the Republic in a vulnerable and helpless situation”, he states.
The dosimetry was approved by and on May 9th by the minister of the STF, chosen as rapporteur for court actions that question the validity of the measure.
In the decision, the minister says that he will await the court’s plenary judgment on the constitutionality of the law.
One day earlier, the president of , (-AP), promulgated the Dosimetry Law, after the president () let the deadline expire after Congress.
In the document presented to the Supreme Court, the AGU also stated that a conflict between the Dosimetry PL and the Anti-Faction Law to resolve, from the presidency of the House itself, is not permitted by the Constitution.
“Such a deviation, reinforced by the observed violation of the unity of the presidential veto, compromises not only the formal soundness of the legislative process, but also the impersonality that is expected of it, reinforcing the need to reestablish the full veto placed on the bill”, he says.
Furthermore, the body argued that the Senate made profound changes to the text approved by the Chamber by defining that the requirement of 25% and 30% of serving the sentence for regime progression does not apply to crimes against the democratic rule of law, which would require the text to be returned for new analysis by deputies.
“The change is, to this extent, substantive, and does not resemble a mere grammatical adjustment, correction of a material error or semantic improvement, so that its implementation would require the return of the legislative proposal to the .”
with requests for sentence reduction based on the new law. On the other hand, the federation -Rede and ABI (Brazilian Press Association) also filed lawsuits in court to block the rule, asking that the text be considered unconstitutional and that a precautionary measure (urgent decision) suspend its effectiveness.
The federation made up of PT, PC do B and PV also sued the STF with an ADI (Direct Action of Unconstitutionality). She argues that the validity of the Dosimetry Law until the ADI trial would create a “perverse incentive to organize new attacks on democratic institutions”.
As shown by Sheet, but with messages about combating undemocratic acts. There is a consensus that reducing sentences is a prerogative of the Legislature, but some of the ministers say they understand that the measure could mean encouraging new attacks.
