Dosimetry Law enters the final stretch for judgment in the STF

The Dosimetry Law entered the final stretch to be judged by the STF (Supreme Federal Court) after the AGU (Attorney General of the Union) sent a statement to the Court reinforcing the request to suspend the rule and declare it unconstitutional.

With the delivery of the AGU's opinion, all that remains is for the PGR (Attorney General's Office) to respond so that the case's rapporteur, Minister Alexandre de Moraes, can release the actions for judgment in the plenary.

Members of the STF and Congress leadership assess that the court tends to validate at least part of the legislation during the judgment of actions presented by political parties and entities against the norm.

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The AGU reaffirmed this Friday (22) its position contrary to the law, approved by Congress after overturning the veto of President Luiz Inácio Lula da Silva (PT). The body maintains that the rule presents formal and material defects of unconstitutionality.

According to the statement, the Senate substantially changed the text approved by the Chamber of Deputies without returning the proposal for new analysis by the deputies, which, in the AGU's assessment, violates the principle of bicameralism provided for in the Constitution.

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

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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 promulgated by the president of the Senate, Davi Alcolumbre (União-AP), on May 8, after Congress overturned Planalto's full veto on the text.

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

The actions allege that the measure violates constitutional principles and was designed to benefit those being investigated for an attempted coup d'état, including former president Jair Bolsonaro (PL).

Moraes suspended the first requests for the application of the new law presented by defenses of those convicted of January 8th. The minister stated that it is necessary to wait for the plenary analysis of the constitutionality of the norm before adopting the new rules.

According to the procedure, after information from Congress and the Presidency of the Republic, the AGU and PGR must present opinions before the eventual analysis of the injunction and the merits by the STF plenary.

Behind the scenes, the expectation is that the trial will take place later this month.

On May 12, the rapporteur of the Dosimetry Law project in the Chamber, Paulinho da Força (Solidariedade-SP), met with Moraes and stated, after the meeting, that the Supreme Court must analyze the validity of the rule by the end of May.

Source: CNN