Wing of the STF sees Dosimetry Law as an alternative to Bolsonaro’s criminal review

A wing of the Federal Supreme Court (STF) defends judging after the elections actions that question the so-called Dosimetry Law, which provides for the reduction of sentences for those convicted of coup attacks in the country.

The analysis of the norm is seen as a possible alternative for the judgment of requests for criminal review by former president Jair Bolsonaro, which seek to annul the sentence of 27 years and three months in prison in the coup plot.

According to these ministers interviewed by TV Globo, dosimetry is an alternative path to criminal review because it, in practice, would reduce the time spent serving Bolsonaro's sentence, his allies and those convicted of the January 8 attacks, without necessarily creating a new clash in the Court.

According to these assessments, there would be a majority in the Court to maintain dosimetry, with possible proposals for adjustments.

Annulment through criminal review would be more difficult to construct. Reaching a majority in the Court's current scenario would be more complicated, as there would be a need to overturn the understanding established by the First Panel, which condemned the defendants in the coup plot.

Dosimetry

🔎The rule amended provisions of the Criminal Execution Law and the Penal Code to establish new criteria for regime progression and sentence remission in convictions for crimes against the Democratic Rule of Law.

According to calculations by Bolsonaro's defense, with the change, the sentence would be reduced between 2 years and 5 months to 3 years. During the discussion of the change in Congress, some of the Supreme Court ministers indicated that the measure could be accepted by the Court, while an amnesty would be overturned.

Rapporteur, Minister Alexandre de Moraes suspended the application of the rule in May until the plenary analyzes actions that question the validity of the rule — Photo: Rosinei Coutinho/STF

The Attorney General's Office (PGR) spoke out, in June, against the suspension of the law, because it provisionally did not identify, at that time, a misuse of purpose due to the possible construction of the law to benefit those convicted on January 8th.

With the PRG's opinion, the case can now be taken to the plenary for judgment. This depends, however, on approval by the rapporteur. Afterwards, the president of the STF, Edson Fachin, needs to set a date for the trial, if it takes place in person.

Cancellation

Minister Kassio Nunes Marques is the rapporteur of the requests for criminal review presented by Jair Bolsonaro — Photo: Rosinei Coutinho/STF

To interlocutors, Nunes Marques has stated that the issue needs to be addressed. One of the actions still depends on the PGR's opinion before it can be judged.

🔎Criminal review is an action that allows you to challenge a conviction that has already become final, in situations provided for by law, such as the emergence of new evidence. The measure does not represent a new trial and is considered exceptional.

The purpose of the instrument is to correct judicial errors and requires the presentation of new evidence that can prove innocence, such as:

prove that the sentence was contrary to criminal law or the evidence in the case;

prove that the sentence was based on false statements, examinations or documents.

The new request for the so-called criminal review was presented last week based on new arguments, such as a technical opinion that would have identified problems in the chain of custody of evidence (mechanisms to protect the material) and limitations to verify part of the digital evidence used in the process.

There are also mentions of the Master case crisis, such as statements by Minister Alexandre de Moraes about the contents of Daniel Vorcaro's cell phone.

The Prosecutor's Office will assess whether or not the issues raised by the defense justify a reassessment of the case.