The lack of support for Bill 2162/2023, known as “PL Dosimetry,” in the Federal Senate jeopardizes the tight schedule stipulated by House Speaker Davi Alcolumbre (União Brasil-AP). The senator from Amapá proposed the project on Wednesday (12/17), but the text coming from the Chamber disturbs the senators for having reduced the sentences beyond those found guilty of the undemocratic acts of January 8, 2023.
Alcolumbre publicly committed to ending discussions on the project in 2025, even before the Chamber approved the report by Paulinho da Força (Solidariedade-SP), which took place in the early hours of last Wednesday (10/12). The bill also reduces the sentences of former President Jair Bolsonaro (PL) and others convicted of the attempted coup.
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After being pressured, Alcolumbre, who wanted to discuss dosimetry directly in plenary to speed up the process and guarantee the vote until the holidays, sent the project to the Constitution and Justice Commission (CCJ) where the rapporteur was assigned to Espiridião Amin (PP-SC). He began discussing with his peers the modification of the House bill, particularly the sections concerning the progression of the regime.
Amnesty becoming Dosimetry
- Bill No. 2 162/2023, written by deputy and former mayor of Rio de Janeiro Marcelo Crivella (Republicans), grants amnesty to participants in political protests since October 30 (date of the second round of elections in which Bolsonaro was defeated by Lula);
- The urgency of this project was brought to the plenary and approved by 311 votes in mid-September, after an agreement reached by the President of the Chamber, Hugo Motta;
- After being appointed rapporteur, Paulinho da Força (Solidariedade-SP) modified the content of the text, leaving aside the judicial pardon and setting a reduction in sentences;
- Initially, the project displeased both the government, which did not want any kind of benefit for those condemned on January 8, much less for Bolsonaro, and the opposition, which wanted a “general and unrestricted” amnesty;
- As a result, Motta decided to bring Paulinho’s opinion to the plenary on Tuesday (12/9), thus breaking the opposition’s resistance. The project was finally approved by 291 votes.
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The Dosimetry PL stipulates that regime progression will be granted to prisoners who have served 1/6 of their sentence under the previous regime, with specific rules for more serious crimes (such as heinous crimes and femicide). Currently, the minimum is 16% of the penalty. This measure goes against what PL Antifaction is proposing, which tightens the regime’s rules for progression.
As shown MetropolisesSenator Alessandro Vieira (MDB-SE), PL Antifaction rapporteur in the Senate, said in Igor Gadelha’s column that the current formulation presents “problems” and that it could involve crimes other than those committed during the events at Praça dos Três Poderes in January 2023. To avoid this, the Senate is evaluating ways to limit the project to antidemocratic acts.
The president of the CCJ, Otto Alencar (PSD-BA), declared that “as it stands” dosimetry “does not work”. Asked Monday, the Bahia senator said “there is no way” to determine what agreement will be reached in relation to the review request. If the majority wants a four-hour view, it will be four hours, but if there is a majority for more than a day, it could be viewed longer, which would postpone the debate until 2026.
For Otto, presenting a substitute would be a better solution for dosimetry. He recognizes, however, that this would further delay the debate, as this strategy prolongs the process. Once approved, it goes to the House and, if members make changes, it returns to the Senate for senators’ final say.
Paulinho hits back
At Metropolisesthe dosimetry rapporteur in the House, Paulinho da Força, refuted the criticism and said that “there is no possibility of benefiting from other crimes”. He also said that the conflict with the Antifaction PL must be overcome with the presidential sanction, given that the latest change in the law prevails.
“When it comes into force, it overlaps, but the possibility of affecting common crimes is zero. There is no possibility. The senators who say this, either have not read the bill yet, or it was poorly advised, or they are acting in bad faith,” he told the reporter.
The rush to Alcolumbre
The President of the Senate stressed that he was committed to the leaders to guide the initiative and defended the “updating” of the legislation on crimes against democratic institutions, in accordance with the project of Paulinho da Força.
Alcolumbre’s allies believe that the insistence on voting on the project is not only due to the fact that the senator from Amapá is committed, but that, given the approach to the end of the year, Alcolumbre wants to end the discussion on this topic so that 2026 can begin with other priorities on the radar.
We note a notable weariness among parliamentarians with the subject sometimes called “amnesty”, or “dosimetry”. Central leaders want to shelve that plan so they can begin the election year with programs that don’t pose such a strain on Congress.
Last Sunday, protests took place across the country against the dosimetry bill and against Congress’ actions. The members of the government once again supported the criticisms of the leadership of the Legislative Assembly, in particular against the President of the Chamber, Hugo Motta (Republicanos-PB), after the Chamber approved the draft sentence reduction of the convicts of January 8.
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