AGU reaffirms its position against the Dosimetry Law to the STF

The AGU (Advocacy General of the Union) reaffirmed this Friday (22), in a statement sent to the STF (Federal Supreme Court), a position contrary to the so-called Dosimetry Law, a rule that reduces sentences and makes criminal execution rules more flexible for those convicted of crimes against the Democratic Rule of Law.

In the opinion, the body argues that the law presents formal and material defects of unconstitutionality. According to the AGU, the Senate made substantial changes to the text approved by the Chamber without returning the project for new analysis by deputies, which would violate the bicameral procedure provided for in the Constitution.

The demonstration also maintains that the rule significantly reduces the criminal response for crimes of coup d'état and violent abolition of the Democratic Rule of Law. For the AGU, the text weakens the constitutional protection of the democratic order, considered an immutable clause by the STF.

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The AGU had previously defended, on behalf of President Luiz Inácio Lula da Silva (PT), the suspension of the Dosimetry Law. In the new statement to the STF, the body reiterated its understanding that the text was unconstitutional.

Dosimetry Law
The Dosimetry Law amended provisions of the Criminal Execution Law and the Penal Code to make rules for regime progression and sentence remission more flexible in convictions for crimes against the Democratic Rule of Law.

The rule was vetoed in full by Lula, but the veto was overturned by Congress. The text was eventually promulgated by the president of the Senate, Davi Alcolumbre (União-AP), on May 8.

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The legislation is the target of four actions in the STF, filed by the PDT, the PSOL-Rede federation, the federation formed by PT, PCdoB and PV, in addition to the ABI (Brazilian Press Association).

The authors allege that the measure weakens the protection of the Democratic Rule of Law, violates the principle of individualization of punishment and was designed to benefit those being investigated for an attempted coup d'état, including former president Jair Bolsonaro (PL), who is serving 27 years and 3 months in prison.

Moraes is rapporteur for the four actions. The minister suspended the first requests for application of the new law presented by defenses of those convicted of the acts of January 8th. According to him, it is necessary to wait for the judgment of unconstitutionality actions by the plenary before applying the new rules.

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Source: CNN