The approval of the PL Dosimetry, which seeks to reduce the sentences of those convicted of the January 8, 2023 coups, would result in a reduction in the prison time of prisoners due to predation by the powers. Among them are names that became famous after the attacks: hairdresser Débora Rodrigues dos Santos, known as “Débora do Batom” for spray-painting the phrase “Perdeu, mané” on the A Justiça statue; Maria de Fátima Mendonça, “Fátima de Tubarão”; and Antônio Cláudio Alves Ferreira, who broke a watch given to Dom João VI by the French court.
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The House approved the bill early Wednesday. The text now goes to the Senate. The President of the House, Davi Alcolumbre (União-AP), will try to vote for the PL by the end of the year. The initiative, however, still faces resistance from important groups within the Chamber, such as the PSD and the MDB.
— In all three cases, they committed the crime in a crowd context, which would reduce the sentence by one-third to two-thirds. There is also a reduction in unified penalties for the crimes of coup d’état and violent abolition of the democratic rule of law — explains constitutionalist Acácio Miranda.
Fátima, a resident of the municipality of Tubarão (SC), aged 67 on the day of the attack, became known on social networks for threatening the Minister of the Supreme Federal Court (STF), Alexandre de Moraes, in a video recorded during the invasion. The elderly woman was sentenced to 17 years in prison, and if further reduced due to the project, the sentence could be reduced to three years and eight months.
The case is identical to that of Antônio Cláudio Alves Ferreira, also sentenced to 17 years in prison.
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Débora, sentenced to 14 years in prison, would see a reduction to three years and two months, in the most optimistic scenario. She was found guilty of the crimes of violent abolition of the democratic rule of law, coup d’état, armed criminal conspiracy, aggravated damage and damage to classified property, as well as the other two, but with a slightly lighter sentence. Débora is currently under house arrest, an allowance she received for having minor children.
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To arrive at these figures, the most favorable possible scenario for the convicts was considered. Thus, the crime of violent abolition was excluded from the sum, resulting in fewer years in prison than that of a coup d’état. From the remaining sentence, a third was extracted, based on the fact that the crimes were committed in a “crowd context”.
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What the PL Dosimetry report says
End of cumulative sentences for crimes under the democratic rule of law
The text prevents the crimes of coup d’état and violent abolition of the democratic rule of law from being sentenced to cumulative sentences. According to the draft, when carried out in the same context, they will be treated as a formal competition, applying only the most serious sentence increased, and not the direct sum of all convictions.
Specific reduction for those who acted in a “crowd context”
An article is created which provides for a reduction of one third to two thirds for defendants who participated in the acts without exercising leadership and without financing the mobilizations.
Faster diet progression
The text authorizes the progression of the regime after having served a sixth of the sentence, except for the most serious crimes, such as the most heinous. Since 8/1 crimes do not fall under these exceptions, first-time offenders will experience faster progression compared to current rules.
Redemption also under house arrest
The text specifies that remission of sentence through study or work also applies to people serving their sentence at home, a hypothesis still debated today in the courts.
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