THE STF (Supreme Federal Court) tends to validate the reduction of sentences for those convicted of January 8th and the coup plot, but with a series of messages about the need to rigorously combat any new attack on democracy.
Some of the ministers disagree with the Dosimetry PL because they understand that the measure means an incentive for new undemocratic acts, but even among these magistrates there is a consensus that the definition of penalties is a prerogative of the National Congress.
This group’s interpretation is that the severity of the punishments was a kind of vaccine against a new attack on the headquarters of the three Powers, a risk that, in an election year, the security area of the Supreme Court does not ignore.
At the same time, the judges assess that, if the punishments were high, this was due to Congress itself, since the dosimetry was calculated based on the penalties provided for by law (that is, previously defined by the Legislature) for each type of crime.
The leader of PT in Chamber of DeputiesPedro Uczai (SC), told Sheet that, as soon as the law is enacted, the party will file a lawsuit with the Supreme Court asking for the rule to be declared unconstitutional. Judicialization was already expected by the court’s magistrates.
The process will be allocated to a rapporteur minister, who will assess whether it is appropriate to grant an injunction to temporarily suspend the law (subject to a plenary referendum) or whether an abbreviated procedure will be adopted, for a direct judgment on the merits in the collegiate body.
According to a STF minister and interlocutors of four others heard by the Sheetthe scenario that emerges is that of a majority in favor of maintaining the law, out of respect for the constitutional principle of the separation of Powers.
In the magistrates’ offices, there were comments about a possible affront to impersonality, as the project advanced to benefit a certain group of people.
However, the perception is that the institutional moment of the Judiciary, which faces its most serious crisis of credibility amid the repercussions of the Banco Master caseis considered too delicate for any bolder interpretation.
The wing that advocates a more self-contained Supreme Court in relation to Congressional initiatives — in the case, for example, of André Mendonça, Kassio Nunes Marques, Luiz Fux and Edson Fachinpresident of the court— must vote for the constitutionality of the law that reduces punishments.
The dean, minister Gilmar Mendes, has already publicly declared that Congress has the power to reduce sentences, considering that the situation would be different if the deliberation were to grant broad amnesty to those convicted, which would be unconstitutional.
Flavio Dino has also taken a stand. “Can Congress change (criminal law)? It can. I, particularly, I hope you don’tbecause I consider that the current law is good”, he said last October, during an event in São Paulo.
The rapporteur of investigations into undemocratic acts, Alexandre de Moraeseven said in December, in a session of the First Panel, that “mitigating the sentences would send a message to society that Brazil tolerates or will tolerate new flirtations against democracy“.
However, he signaled to a person close to him that, if this was Congress’s option, it was only up to him to apply the changes at the request of the defenses, as legal changes that are more beneficial to the defendants must necessarily be retroactive.
Moraes only denied the request made by hairdresser Débora Rodrigues, known as “Deborah do Lipstick“, because the law is not yet in force. On Thursday (30), Congress overturned the veto of Lula to the project, but so far the standard has not been promulgated.
As shown by SheetMoraes was one of the STF ministers to maintain a dialogue channel with parliamentarians about the contours of the bill, even giving concrete suggestions for drafting the text.
Advisors and assistants to ministers assess that the validity of the dosimetry bill can help to cool tensions, while preserving the power of the STF in executing sentences.
This is because the effective application of the new rules will still be the responsibility of Moraes, who will analyze the defense requirements on a case-by-case basis. Five lawyers for those convicted of the coup plot reported to Sheet who are already preparing recalculation requests.
The minister must make it clear in the judgment of the PT’s action that, despite the defendants being entitled to the most beneficial law, he will not back down in confronting undemocratic acts and that investigations into digital militias will continue with due firmness.
According to a report released by Moraes on April 26, 1,402 defendants have already been held responsible for January 8 and the coup plot, of which 850 were sentenced to custodial sentences. Of them, 419 had sentences converted to community service.
Aside from the ANPPs (No Penal Prosecution Agreements), signed with the Public Prosecutor’s Office, the minimum penalty was three months in prison and the maximum, 27 years and three months, in the case of the former president Jair Bolsonaro. Most defendants (404 cases) were sentenced to one year.
With the new law, Bolsonaro’s sentence can be reduced to 22 years and one month, with faster regime progression. Currently, the forecast is five years and 11 months in a closed regime, a period that could be reduced to three years and three months.
