According to the bill’s rapporteur, Congressman Paulinho da Força of the centrist Solidarity party, Bolsonaro’s 27-year prison sentence could potentially be reduced down to just “two years.”
The bill, locally referred to as the “Dosimetry Bill,” calls for reduced sentencing for all those convicted for their participation in the January 8, 2023, riots and those sentenced in the “coup” trial against Jair Bolsonaro. The text stands as an alternative to another “full amnesty” proposal offered by members of Bolsonaro’s Liberal Party (PL) this year. The rapporteur reportedly argued that the “Dosimetry” bill would ensure passage by a majority in the House of Representatives which the broader amnesty alternative failed to secure.
The bill passed with 291 yays against 148 nays at the end of a three-hour long debate session that began on Tuesday night and extended past midnight.
The debate experienced an initial multi-hour delay caused by leftist lawmaker Glauber Braga of the Socialism and Liberty Party (PSOL), who attempted to sabotage the parliamentary session by occupying and obstructing the Chamber of Deputies’ directive desk to protest against the bill and Speaker Hugo Motta’s decision to vote on an unrelated impeachment process against the PSOL lawmaker for assaulting a civilian in 2024. Brazilian Legislative Police officers ultimately removed Braga from the premises.
Poder 360 explained that the bill changes the way penalties are calculated for “collective” crimes committed within the same context, such as the January 8 riots, which resulted in notable property damages to the headquarters of the Brazilian Presidency, Congress, and Supreme Court but left no deaths.
Presently, the outlet detailed, penalties are decided in full. The new bill would change the calculation so that only the penalty of the “most serious” crime prevails, with an additional duration ranging from one sixth to half the length of the penalty depending on the case.
In September, Brazil’s top court, the Supreme Federal Tribunal (STF) sentenced former President Bolsonaro to 27 years and 3 months prison after finding him guilty of “attempted violent abolition of the democratic rule of law, coup d’état, participation in an armed criminal organization, aggravated damage, and deterioration of listed heritage sites.” Bolsonaro officially began serving his sentence in November.
According to the STF, Bolsonaro allegedly conspired with others to stage a “coup” and overturn the results of the 2022 presidential election, which a then-incumbent Bolsonaro narrowly lost against Lula, who is presently serving his third term in office and has expressed his intention to run for a fourth term next year.
According to Congressman da Força, the bill would “unify” the prison sentences Bolsonaro received from the coup d’état and attempted violent abolition of the democratic rule of law charges, with the coup charge “prevailing” as it is the greater of the two.
Da Força claimed that Bolsonaro could have his prison sentence reduced to two years and 4 months if the proposal is approved. The lawmaker stressed that the reduction would depend on the STF’s interpretation and how Bolsonaro manages to reduce his sentence through study, reading, and prison work.
“My text considers Bolsonaro, but it doesn’t solve his problem. Just to give you an idea, the reduction in my text falls from 27 years and 3 months to 2 years and 4 months [in closed prison]. Could there be a greater benefit than that?” da Força told Metrópoles on Monday.
The bill must now go to the Senate for its subsequent debate. Brazilian Senate President Davi Alcolumbre confirmed on Tuesday that the Senate will vote on the project in 2025 “as soon” as it reaches the plenary. According to Brazilian Senator Otto Alencar, the bill should be reviewed by the corresponding committee on Wednesday, December 17 and put to a vote at the Senate that same day.
CNN Brasil reported on Wednesday morning that radical socialist president Luiz Inácio Lula da Silva is considering vetoing the bill and has reportedly signaled his ministers that he will “react contrary” to the Chamber of Deputies once the bill reaches its desk.
Although Lula has not publicly commented on the bill at press time, CNN Brasil reported that the Brazilian president is “showing signs of frustration” with Speaker Motta and has allegedly “complained” about decisions made by the Congressman, such as scheduling the Dosimetry bill vote on Tuesday.
Metropoles noted that despite Congressman José Guimarães of Lula’s ruling Workers’ Party (PT) advising to vote against the bill, lawmakers representing other parties in the presently ruling coalition contributed 122 votes in favor of the proposal out of the 291.
At press time, Bolsonaro, 70, must serve the entirety of his 27 years and three months prison sentence until November 4, 2052. The former President remains detained at the regional Superintendency of the Federal Police in Brasília.
On Tuesday, Bolsonaro’s legal team filed a request at the STF seeking authorization for Bolsonaro to receive two new surgeries. Poder 360 detailed that one of the surgeries calls for an “anesthetic blockage of the phrenic nerve” responsible for the movement of the diaphragm. The surgery aims to address Bolsonaro’s hiccups, one of the many complications stemming from the several surgeries Bolsonaro has undergone as a result of the 2018 failed assassination attempt.
According to the legal team, the surgery is required as Bolsonaro did not improve with medication and other clinical measures. The other surgery seeks to address a worsening diagnosis of “unilateral inguinal hernia.”
In addition to the medical request, Bolsonaro’s legal team reportedly filed a new request seeking house arrest benefits for the former President, who was recently diagnosed with skin cancer. Past humanitarian house arrest requests have been rejected by the STF.
Christian K. Caruzo is a Venezuelan writer and documents life under socialism. You can follow him on Twitter here.
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