Dosimetry PL lets people convicted of coercion, arson and other crimes get out before prison | Policy

The rapporteur of the text, MP Paulinho da Força (Solidariedade-SP), however, affirms that the interpretation is erroneous and that only those involved in the putschist plot will be affected. The project was approved by the House in the early hours of this Wednesday (10) by 291 votes to 148 and will still have to be adopted by the Senate.

Currently, the legislation provides that crimes committed with violence or serious threat will only progress after serving 25% of the sentence, if the convicted person is a first-time offender. This would increase the time that former President Jair Bolsonaro (PL) would spend in a closed regime and, therefore, the bill changes the law to allow for earlier regime change, even in cases of violent crime.

Bolsonaro was sentenced to 27 years and 3 months in prison for five crimes by the Supreme Federal Court (STF), including violent abolition of the democratic state and attempted coup, which require “violence or serious threat.” The draft allows for regime progression in these cases to occur after 16% of the sentence has been served, as is already the case for crimes without the use of violence.

Regime progression is the transfer of an inmate to a more lenient penal regime (from closed to semi-open, or from semi-open to open), after meeting the requirements for length of sentence served and good behavior.

To prevent other violent crimes from also benefiting, rapporteur Paulinho da Força provided exceptions in the project: Serious violent or threatening crimes cannot be included in Chapters 1 and 2 of the Penal Code (which list crimes against persons or property).

There are, however, crimes which are not on this list and which can also be committed with violence, and whose convicts could benefit from a more rapid change in the prison regime, which could lead to a semi-open or full release from prison.

Legislative controversy

During the vote on the project, Paulinho declared on the stand that the text had been written by renowned jurists and that it would not benefit prisoners for common law crimes. “The project only concerns the date of January 8, there is no possibility that this text will benefit common law crimes.”

According to a PSB investigation, among the criminals who could benefit are those found guilty of resistance (if someone uses violence or threats to prevent or obstruct a legal act of a public official) or to use violence to prevent or disrupt a religious ceremony.

Other people who can benefit from the project are found guilty of coercion during the process (such as threatening a witness to change their testimony), attack on transport security (using violence to take control of a vehicle, plane or ship) and arson (can be practiced by using violence or threats to evict someone before setting them on fire).

Crimes against work organization They will also benefit from faster sentence progression, if the law is amended in accordance with the proposed draft. Included would be using violence or threats to prevent someone from working, work stoppage due to violence And invasion of an industrial or commercial establishment with violence.

The leader of the PSB in the House, MP Pedro Campos (PE), says the report will affect people convicted of other crimes. “The measure they are talking about benefits Bolsonaro and the people of January 8, which would already be absurd, could be useful to many people who are today in prison or who will still commit crimes and spend less time in the closed regime,” he says.

Paulinho da Força told Folha de S.Paulo that the interpretation was wrong. According to him, only those involved in the specific case of the attempted coup will be affected. “There is no other change,” he said.

Despite this, PL MPs say they contacted the rapporteur with fears that people convicted of other crimes could benefit from faster release from prison.