The Senate approved this Wednesday (17) the project which reduces the sentences of those convicted of the attacks against the headquarters of the three powers on January 8, 2023 and benefits former President Jair Bolsonaro. The result is a victory for the Bolsonarista political group and a defeat for the government of Luiz Inácio Lula da Silva (PT).
Investigations on January 8 revealed a plot to disrespect the outcome of the 2022 elections, won by Lula, and keep Bolsonaro in power. The authorities identified, for example, a plan to kill Lula; his deputy, Geraldo Alckmin; and the Minister of the STF (Federal Supreme Court) Alexandre de Moraes.
The Senate plenary score was 48 vote for the project and 25 against. Since the House has already approved the proposal, it will be subject to presidential approval. Lula must veto the text in its entirety, as shown Leaf.
The PT deputy and his allies are against the project, while the Bolsonarist right has started to support it in recent weeks. Reducing sentences has been discussed in Congress for months, but it came only after Bolsonaro’s supporters agreed to vote for him instead of a full amnesty.
“This is not what we wanted, but, in the balance of forces, it was possible,” declared the leader of the opposition in the Senate, Rogério Marinho (PL-RN). He made this statement during the preliminary discussion of the text at the CCJ (Constitution and Justice Commission) earlier this Wednesday.
The leader of the government in the Senate, Jaques Wagner (PT-BA), reached an agreement with the opposition to allow the vote on the project this Wednesday, but nevertheless spoke out against the reduction of sentences.
“I haven’t found any agreement on the merits. I’m still against it and I think the project is absurd. The only difference is that you can bring it forward to February or vote today. If the president vetoes it, now or February, it’s the same,” he told reporters.
Wagner’s move angered several Planalto allies. Senator Renan Calheiros (MDB-AL), for example, protested and declared that the agreement reached by the government leader was to allow the approval of a project that would increase the executive’s income.
If it enters into force, the project could, in theory, reduce the time Bolsonaro will spend in closed regime serving his sentence from the current 6 to 8 years to something between 2 years and 4 months and 4 years and 2 months, depending on the interpretation. The total sentence was 27 years and 3 months in prison.
The senators noted, throughout the process, that the bill approved by the House allowed people convicted of crimes other than those linked to January 8 to also benefit.
The draft rapporteur, Esperidião Amin (PP-SC), made a modification to the draft to fill this gap while it was being processed at the CCJ. The board decided that the change was editorial.
This technicality is important because editorial adjustments do not require projects to return to the House. It is unlikely that MPs will carry out a new analysis of the proposal this year, since the legislative recess begins next week.
Government senators publicly opposed the project. “The greatest crime that a public figure can commit is to attack democracy,” declared Marcelo Castro (MDB-PI). “This project is a relief for the putschists, obviously we cannot agree with that,” he said.
“The reason (why the opposition defends the project) is to hide the attempted coup that took place in Brazil, and which is not limited to the vandalism of January 8,” said Teresa Leitão (PT-PE). “What pacifies the country is that a putschist serves a sentence,” declared Renan Calheiros.
Bolsonaro’s allies say the plan releases people who commit minor crimes, such as vandalism, from prison.
“We will repair the serious injustices committed with many of those who are imprisoned and who have been, in my opinion, abusive. Congress corrects the excesses of the judicial power,” said the leader of the PP in the Senate, Tereza Cristina (MS).
“We need to vote on this issue to turn this page and get these people out (of prison). The popcorn maker, the candy seller,” said Senator Izalci Lucas (PL-DF). “We want a broad, general and unrestricted amnesty to pacify and reconcile the nation,” said Eduardo Girão (Novo-CE).
The President of the Senate, Davi Alcolumbre (União-AP), wanted the project to be voted on immediately after the deliberation of the Chamber, without going through the stages of the Upper House. The project only went through the CCJ thanks to a movement led by the president of the collegiate, Otto Alencar (PSD-BA).
Alcolumbre wanted the project to be voted on quickly because of a commitment made with the President of the Chamber, Hugo Motta (Republicanos-PB), his ally.