Brazil’s Attorney-General’s Office: Dosimetry Law is unconstitutional
Brazil’s Attorney-General’s Office argued on Tuesday (May 19) that the Dosimetry Law (Lei da Dosimetria), which allows reduced sentences for defendants convicted over the January 8, 2023 coup-related acts - including former president Jair Bolsonaro - is unconstitutional.
In a filing submitted to the Brazilian Supreme Court, the Office also supported maintaining the suspension of the law’s enforcement.
The opinion was requested by Alexandre de Moraes, the reporting justice in the case, who suspended the enforcement of the law pending a final ruling by the Supreme Court on its constitutionality.
The Attorney-General’s Office stated that the enactment of the Dosimetry Law by Congress represents an “institutional setback.” According to the agency, attacks against democracy must be met with a firm response commensurate with the seriousness of the conduct.
The Office said the Dosimetry Law is marked by “multiple and serious substantive incompatibilities with the Brazilian Constitution,” arguing that, whereas the Constitution established strong safeguards to defend democracy, the challenged law tends to benefit those who attempted - and may attempt - to undermine it.
At least three lawsuits before the Supreme Court challenge Congress’s decision last month to overturn President Luiz Inácio Lula da Silva’s veto of the Dosimetry bill.
The cases were filed by two party federations, including the Workers’ Party, and by the Brazilian Press Association.
The expectation is that the cases will be heard by the Court’s full bench this month.
