The opposition in the Senate asserts that the bill introduced by Carlos Viana (Podemos), which repeals the provisions in the chapter on crimes against the democratic rule of law – including the materials used in the investigations on January 8 – will have the automatic consequence of canceling convictions and criminal proceedings based on these types, which will benefit Bolsonaro and other defendants. What is new this time is not the project itself, which is already known in Congress, but the legal argument that opposition leaders decided to put at the center of the discussion.
Senate Opposition Leader Rogerio Marinho (PL) told the article that legislative change would trigger the call Abolition of crime. He describes the mechanism as “crime extinction,” which occurs when Congress no longer considers certain behavior criminal. From this standpoint, he believes that “the new law no longer considers the behavior criminal, making it legal.”
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Senator Carlos Viana
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Opposition Leader, Senator Rogerio Marinho
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Former President Jair Bolsonaro was sentenced to 27 years in prison
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The senator emphasizes that the effects will be immediate: “This nullifies all criminal effects of the conviction, including the execution of the sentence and precedents, even if the decision has already become final.”
In turn, Carlos Viana said that the Constitution and the Penal Code determine the retroactive effect of the rule that is most beneficial to the accused and convicted. “When crime is abolished, no one can be punished for it.”
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According to the parliamentarian, canceling the provisions will have a general effect and not a targeted one. “The abolition of criminal offenses benefits Jair Bolsonaro, as well as anyone who is tried or convicted based on these provisions,” he said. “It is not about benefiting a specific person, but ensuring that no citizen affected by overly broad, inaccurate or explicit criminal offenses continues to be punished.”
Bolsonaro is currently imprisoned in a federal police prison in Brasilia. He was sentenced to 27 years in prison for the attempted coup.