The Dosimetry Project, which provides for reduced sentences for former President Jair Bolsonaro and others accused of coups, may also benefit those convicted of crimes of submission to prostitution or “another form of sexual exploitation” through the use of “violence or serious threats” or those who attempt to interfere in public tenders by violent means. This is the assessment of certain senators from the base and the opposition, the legal analysis of the parties, jurists and members of the Ministry of Justice.
— We have noticed this defect in the proposed wording and we are evaluating whether it will be viable to modify the text at this stage, without having to return to the Chamber — declared Senator Sergio Moro (União-PR), defender of amnesty for those accused of the acts of January 8.
Current legislation provides for a progression of the regime for first-time offenders who have committed a crime “without violence against the person or serious threat” after having served 16% of their sentence. When there are acts of violence, this percentage rises to 25%.
The Dosimetry PL, in turn, authorizes the penal advantage of 16% for all crimes involving “violence or serious threat” that are not part of the classification of “crimes against persons and property” or are classified as heinous, such as homicide, theft, rape, etc.
This means that, based on the new legislation, people convicted of crimes under other types of criminal offenses can be released from prison earlier.
This list includes the crimes of violent abolition of the democratic rule of law and attempted coup d’état – for which Bolsonaro and the January 8 defendants were convicted; coercion during the process – for which MP Eduardo Bolsonaro (PL) responds in another criminal action; promote prostitution or other forms of sexual exploitation by violent means; exclusion of a bidder due to violence; intentional fire; resistance; attack on national sovereignty; among the others.
The proposal was approved in the plenary session of the House, with 291 votes for and 148 against, in the early hours of this Wednesday and was transmitted to the Senate. Parliamentarians in this Legislative Chamber have already begun to examine these shortcomings of the project, tailor-made to reduce the prison sentence of Bolsonaro and the other January 8 defendants.
During this Wednesday’s session, the PL rapporteur in the House, MP Paulinho da Força (Solidariedade-SP), was questioned on these points by parliamentarians from the government base and the opposition. However, he rejected these criticisms, believing that the text “only deals with January 8”.
— Respecting the opinion of the deputies, often political, I would like to clarify that this text, organized by a series of jurists, one of the most important in Brazil, only concerns January 8 — he declared.
MP Pedro Campos (PSB-PE), who led the vote against the proposal, refuted Paulinho’s argument.
— Reading the report, I saw that there was a change in the law on penal execution, which specifies how long at least the prisoner must serve his sentence in a closed regime. It is important to pay attention to this, because the measure that benefits Bolsonaro and the residents of 8 de Janeiro — which would already be absurd — could serve to ensure that many people arrested today or who have not yet committed crimes spend less time in the closed regime — he said.
The Secretary of Legislative Affairs of the Ministry of Justice, Marivaldo Pereira, considered it an “inconsistency” that the Chamber approves measures that strengthen the fight against crime, such as the Antifaction PL, and at the same time facilitate the progression of the regime towards a variety of crimes.
— They are not only interested in people from January 8, 2023 — he said.
About The Author
