Dosimetry PL, if approved, will get Bolsonaro out of prison by 2029

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The text was approved by the House in the early hours of Wednesday and will be submitted to the Senate.

According to MP Paulinho da Força, rapporteur for PL Dosimetry, the reduction could be even greater in the case of Bolsonaro, up to 2 years and 3 months in prison. From there, he could request a progression to the semi-open regime, which allows work and solitary confinement only at night in the prison. The former president has been imprisoned since the end of November at the federal police superintendence in Brasilia, where he began serving his sentence handed down by the STF, a total of 27 years.

Paulinho’s plan could reduce the prison sentence of Bolsonaro and other convicts to about a third of the original forecast. This measure would also benefit other members of the “crucial core” of the coup plot who are in prison.

The new calculation of sentences could also lead federal deputy Alexandre Ramagem (PL-RJ), on the run to the United States, to already begin serving his sentence in a semi-open regime. Indeed, Ramagem’s total sentence, which is currently 16 years and 1 month, would fall to less than eight years.

— The law provides that any person sentenced to a sentence of four to eight years can go through the initial semi-open regime. It is not something automatic: in this case, the defense would ask the Supreme Court to reanalyze its situation to see if the initial semi-open regime can be applied — says Luísa Ferreira, professor of law at the Fundação Getulio Vargas (FGV).

The progression time can be even shorter because the prison system allows for what is called remission, which consists of reducing the sentence applied through work and reading. When analyzing the application for admission to a semi-open prison, the STF also evaluates issues such as the defendant’s behavior in prison.

The legislation provides for a reduction of one day of sentence for every three days worked; one day penalty for 12 hours of study, whether face-to-face or remotely; and a reduction of up to four days per book read, with the need to submit a summary. Other complementary activities, such as professional courses, can also reduce the sentence.

The calculation carried out by GLOBO takes into account almost all possible mitigating circumstances which would favor the accused of the coup plot. The advantage would be due to a change in the regime progression rules provided for in the Criminal Enforcement Act.

Bolsonaro and members of his government leadership were found guilty of five crimes: coup d’état, violent abolition of the democratic rule of law, criminal organization, criminal damage and damage to public property.

Under this proposal, General Walter Braga Netto, who under current law should be released from prison in approximately 5 years and 7 months, would now be released from prison in just under 2 years. A soldier sentenced to the lowest sentence among the defendants, former Defense Minister Paulo Sérgio Nogueira could leave prison 1 year and 4 months after his imprisonment.

Under current law, to progress, Bolsonaro and other convicts would have to serve 25 percent of their sentences for the crimes of coup d’état, violent abolition of the democratic state, and criminal organization; and 16% for the offense of damaging public property to get out of prison.

With the new formulation proposed by Paulinho, the increase is now 16% for all offenses. In addition, the law provides that in the case of crimes of attempted coup d’état and abolition of the democratic state, only the most serious penalty will be applied, increased by 1/6 up to half the time.