After approval by the Chamber, the president of the Senate, Davi Alcolumbre (União-AP), will try to vote by the end of the year on the project which reduces the sentences of those convicted of the acts of January 8 and which could benefit former president Jair Bolsonaro. The initiative, however, still faces resistance from important groups within the Chamber, such as the PSD and the MDB.
Approval is an old demand of the opposition, which insisted on amnesty. The general pardon was, however, blocked in the House text, reported by MP Paulinho da Força.
— I am dealing with the President (of the Chamber) Hugo Motta. I made a commitment to the leadership, to myself, to the Senate and to Brazil, that if the House deliberated, the Senate would deliberate. The text benefited from the Senate’s contribution from the start. I want to respond, and we will deliberate on this project as soon as the House has deliberated on it. Again this year – he declared.
The report, presented by MP Paulinho da Força (Solidariedade-SP), modifies both the Penal Code and the Penal Execution Law, with retroactive effects since it is a more beneficial rule. Bolsonaro was sentenced to 27 years and three months in prison for attempted coup.
— I think we need to find a middle ground to modernize the legislation and close the gaps in the law when it comes to abolition and crimes against the democratic rule of law. I have always said, and I repeat, that I thought the right agreement between the Chamber of Deputies was to modernize and update this law – said Alcolumbre.
Despite this, the president of the Senate Constitution and Justice Commission, Otto Alencar (PSD-BA), spoke out against the vote on the project this year. He said future sessions should be remote and the project should be discussed in person.
– Have you been in the Chamber for months and have you come here to vote in plenary? It is not possible that we cannot discuss such a matter. When I arrive at the CCJ, I will appoint rapporteur, we will vote, no problem. No drowning. The Senate, like the House, makes its decisions by majority. I do not accept such a position
Senator Renan Calheiros (MDB-AL) also spoke out against:
– The rapporteur’s text reduces the sentence of the former President of the Republic convicted and imprisoned for attempted coup d’état in Brazil. The Senate cannot passively allow this issue to be dealt with here in the House on the same day. I wanted to support the president of the Constitution and Justice Commission in type, number and degree.
Senators are part of the base of the government. The Minister of Institutional Relations, Gleisi Hoffmann, said that the Palácio do Planalto was against the project.
If there are changes in the Senate, the text returns to the House for further analysis. If there are no changes, it will be sent to the presidency, during which phase it can be fully sanctioned or subject to vetoes.
If sections are blocked, Congress evaluates whether to override the vetoes or maintain them. The possible reduction of sentences is not automatic either. The defendants’ defenses must request the benefit, which is analyzed by the Court. In the event of a coup plot, the execution of sentences falls under the jurisdiction of the Federal Court (STF).
- Violent abolition of the democratic rule of law. Maximum sentence: 8 years in prison
- Coup d’état. Maximum sentence: 12 years in prison
- Criminal organization. Maximum sentence: 8 years in prison (can be increased by 4 years for use of a firearm)
- Qualified damages. Maximum sentence: 3 years in prison
- Deterioration of public property. Maximum sentence: 3 years in prison
Sanctions applied to Bolsonaro
- Leading a criminal organization: 7 years and 7 months
- Violent abolition of the democratic rule of law: 6 years and 6 months
- Coup d’état: 8 years and 2 months
- Qualified damage: 2 years and 6 months
- Deterioration of listed heritage: 2 years and 6 months
What Bolsonaro’s sentence would look like, according to the project
- Projected release from prison before: 5 years and 11 months
- Projected release from prison now: 3 years and 3 months – according to the rapporteur, the reduction could be reduced to 2 years and 3 months
- Total sentence before: 27 years and 3 months
- Current total sentence: 22 years and 1 month
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