The Senate approved this Wednesday (17), in a nominal vote, the bill (PL) 2162/2023, the so-called Dosimetry PL, which provides for the reduction of sentences for those convicted of the undemocratic acts of January 8, 2023 and the attempted coup d’état.
There were 48 votes in favor and 25 votes against. The text now goes to presidential sanction.
The senators approved the opinion of Senator Esperidião Amin (PP-SC), which reduces the sentences of those convicted of coup acts. Among them, former president Jair Bolsonaro. Earlier, the project was approved by the House’s Constitution and Justice Committee (CCJ).
Amin, who is in favor of amnesty, argues that the reduction of sentences aims to “pacify the country”.
“We are of the position that the amnesty for those convicted of the events of January 8 should be analyzed in light of the principle of national unity and the integrative function of constitutional law. The maintenance of hundreds of citizens in a closed regime for acts that, although illicit, did not constitute armed insurgency or a real threat to sovereignty, could aggravate divisions and compromise the legitimacy of institutions”, he argued.
“Forgiveness would present itself as a legally possible and politically appropriate solution to end a cycle of tension and reaffirm the Brazilian State’s commitment to democracy and social pacification”, he concluded.
The rapporteur accepted an amendment that determines that the reduction will only be applied to those convicted of coup acts. The senator considered the amendment as just an adjustment to the wording and not to the merits, so that the project does not have to return to the House of origin – in this case, the Chamber of Deputies, which approved the matter on the night of December 9th.
A group of senators spoke out against the project as it did not represent the country’s desires.
“A plot was hatched, a coup d’état was planned in Brazil and everything was coordinated, financed so that the coup could materialize. Fortunately, it did not materialize due to several factors”, said senator Marcelo Castro (MDB-PI).
“A week ago, we voted here on the Anti-Faction Law, toughening penalties, making progression more difficult. And, today, ladies and gentlemen, we are here, incoherently, doing exactly the opposite”, he concluded.
For senator Humberto Costa (PT-PE), the project was built to benefit a political group that attacked the Democratic Rule of Law.
“This is a case-by-case proposal, a legal rule that is being created to benefit a group, to give privilege to a group, a group that violated the Constitution itself,” he stated.
“We have to give Brazil an important message that a coup d’état must be dealt with harshly, especially in a process that was entirely based on legality, which gave the right to defense. A trial that the whole of Brazil followed, a process in which material evidence was produced and most of it was produced by the criminals themselves”, he reiterated.
PL senators defended the proposal. Senator Izalci Lucas (PL-DF) said that the proposal serves to reduce sentences for people who were not directly involved in the plot and who received harsh sentences.
“We need to vote on this matter to turn this page and remove these people: the popcorn maker, the candy seller, who was convicted eight years ago, 14 years ago,” he said.
“I’m in favor of amnesty, but we’re going to approve a sentence reduction to get the protesters out of jail. That’s the most important thing,” said senator Sergio Moro (União-PR).
What is Dosimetry PL?
The Dosimetry PL determines that the crimes of attempt against the Democratic Rule of Law and coup d’état, when committed in the same context, will imply the use of the most serious penalty instead of the sum of both penalties.
The focus of the project is a change in the calculation of sentences, “calibrating the minimum and maximum sentences of each criminal type, as well as the general way of calculating sentences, also reducing the time for progression from the closed to semi-open or open prison regime.
Such changes could benefit defendants such as former president Jair Bolsonaro, in addition to the military Almir Garnier, former commander of the Navy; Paulo Sérgio Nogueira, former Minister of Defense; Walter Braga Netto, former Minister of the Civil House; and Augusto Heleno, former head of the Institutional Security Office (GSI).
Repercussion
On December 10, the president of the Senate, Davi Alcolumbre (União-AP), sent the Dosimetry PL to the Constitution and Justice Commission (CCJ), with senator Esperidião Amim (PP-SC) – supporter of former president Jair Bolsonaro – as rapporteur.
The following day, when asked about the project, President Luiz Inácio Lula da Silva said that will only decide whether to sanction it when the text reaches the Executive Branch.
Protesters took to the streets of several cities last Sunday (14) against the approval of the Dosimetry PL.
Experts consulted by Brazil Agency evaluated that the Dosimetry PL may reduce the sentence progression time for other people convicted of common crimes.
