The new opinion on the bill aimed at reducing the sentences of those convicted of the coups of January 8, 2023, filed this Tuesday (9) by MP Paulinho da Força (Solidariedade-SP), could reduce the prison sentence of former President Jair Bolsonaro (PL) in closed regime to 2 years and 4 months, according to the rapporteur and opposition parliamentarians.
However, depending on the interpretation, the text could lead to a lower reduction, between 3 years and 4 months and 4 years and 2 months in a closed regime. Any reduction to the level expected by the opposition will depend on the remission of the sentence, that is, on the reduction of the period of detention by Bolsonaro while working or studying.
With the current sentence, the time spent in closed regime is estimated between 6 years and 10 months to just over 8 years.
The proposal will be voted on this Tuesday in plenary of the Chamber of Deputies, according to President Hugo Motta (Republicanos-PB). The notice was then submitted, after months of negotiation. The opposition has given up on proposing an amendment to the bill aimed at granting a broad and unrestricted amnesty to all those guilty of coups d’état, in exchange for the center’s support for reduced sentences.
Bolsonaro was sentenced to 27 years and three months in prison by the STF for five crimes, as leader of the coup plot. Seven other defendants were sentenced to between 2 and 26 years in prison. In addition to them, hundreds of people were punished for the actions of January 8.
The opinion filed by Paulinho unifies the crimes of violent abolition of the democratic rule of law and coup d’état, applying the penalty only to whichever is greater. Thus, in the case of Bolsonaro, the crime of violent abolition of the democratic rule of law (6 years and 6 months in prison) would be excluded. There would still be 20 years and 9 months in prison.
The legislation provides for the possibility of regime progression, so that convicts with good behavior can migrate to the semi-open or open regime after a certain time. The draft establishes that, in these cases, the progression regime will take place after having served a sixth of the sentence and not an additional quarter.
With the changes brought about by the project, progress would be made after 3 years and approximately 4 months.
The rapporteur, however, asserts that the reduction will be greater. “It takes more than 3 years, but then there is the remission of sentences, and it drops to 2 (years and) 4 (months), Paulinho said. Leafwithout detailing how this will happen. The project determines that redemption can take place even at home.
The lawyers point out, however, that the reduction could be less, because the text can be interpreted in such a way as to increase the sentence for a coup d’état between 1/6 and 2/3, depending on the interpretation of the judge – in this case, the STF (Federal Supreme Court).
With this, the prison sentence would vary from 21 years and 10 months to 25 years and 1 month. With progression, it could reach 4 years and 2 months before migrating to the semi-open.
The project could have a greater effect on others convicted of the coup plot. In addition to preventing the sum of the sentences and the time of progression of the regime, the text allows the reduction of the sentences between 1/3 and 2/3 when the crimes are committed “in a crowd context”, as was the case of the hundreds of people convicted of the coup d’état acts of January 8, 2023, which vandalized the seats of the three Powers.
However, for this reduction of sentence, the convicted or accused cannot have committed an act of financing or played a leading role in the attempted coup.
With the approval of the project, the center says it will be easier to convince Bolsonaro to support the presidential candidacy of São Paulo governor Tarcísio de Freitas (Republicans). On Friday (5), Senator Flávio Bolsonaro (PL-RJ) presented himself as a candidate, but then signaled that his “price” would be the approval of the amnesty. In an interview with Leafhe reversed course and said his candidacy was “irreversible.”
The project, if approved by the House, must still go through the Federal Senate and then obtain the approval of President Lula (PT), who can veto it. Left-wing deputies rebelled against the proposal and will defend the fact that the PT member vetoes the text.
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