Tuesday , July 5 2022

The work group removes the arrest in second instance of the old Moro package


Chamber of Deputies
that analyzes the
anti-fraud package
presented by the Minister of Justice,
Sergio Moro,
He withdrew the bill on Tuesday the section that made by law that the accused should be arrested after being sentenced
second instance
With seven votes to six, most members of the group understood that this issue should be addressed through an amendment proposed to the Constitution
and not by invoice. The package will continue to be analyzed by the House Plenary and then by the Senate.

The Federal Supreme Court (STF) allowed, in 2016, that the execution of the sentence would begin after the conviction in second instance. Some lawmakers have argued that this sentence shows that the problem is constitutional. Others have pointed out that the simple fact that the STF has debated the issue indicates that this is a constitutional issue, that is, that it must be addressed through the PEC. They emphasized that a proposal on this subject was already discussed in the House.

"If it has become a debate in the Supreme, it is because it is a measure that ordinary law can not change," said Lafayette de Andrada (PRB-MG).

The west house of the project against the Moro crisis was guarded by the members of the faction

The speaker, Captain Augusto (PL-SP), called on his colleagues saying that this is one of the main elements of the antitest package and that the rejection of the measure could release all provisional prisoners from the country and send a impunity message in society.

– That is inadmissible. We can not believe that we will immediately eliminate one of the main points of this project. In the text there is nothing unconstitutional, "he exclaimed.

The president of the group, Margarete Coelho (PP-PI), criticized other MPs and said that the decision would not release a prisoner and that the deputies could not "misinform" the population.

"We can not convey this message to society, because we do not have the right to misinform anyone," he said. "I, as the group's coordinator, will not let this closure that we put people in the street back on their shoulders.

The working group is voting separately about the 16 points that make up the report. The execution of the arrest in second instance was the first of these points and, after the vote, the aid of the examination of the other matters was postponed until Wednesday.

Modification of the Code of Criminal Procedure

In the news, the Code of Criminal Procedure establishes that prisons can only take place "as a result of a final sentence" (that is, when there is no longer possibility of an appeal ) or "in the course of investigation or prosecution, temporary custody or preventive detention." Moro proposed modifying this section to determine that prisons could also be produced by order of a "collegiate body".

The minister also wants to add, in the part that disciplines the courts of the second instance, an article that states that "when giving a sentence, the court will determine the provisional execution of custodial sentences, restrictive of rights or pecuniary, without detriment of the knowledge of the appeals that can be presented ".

The text leaves, however, a gap for the immediate breach of the sentence, when determining that "the court may exceptionally stop authorizing the provisional execution of sentences if there is a constitutional issue or legal pertinent, plausibly lead to the review of the conviction ".

"Great defeat," says the rapporteur

After the meeting, Captain Augusto declared that he could not deny that it was a "great defeat":

– A great defeat. We already knew that this was a point that divided the group, but we were hoping to get these votes enough. We ended up losing by a vote, because if you did, the rapporteur's vote would prevail. We have already started with a great defeat. We can not deny it

The rapporteur, however, said that it is possible to reverse the result to the plenary:

– There is an expectation. I think we won at the plenary, because there is a large majority of parliamentarians who have been elected with this standard of fight against violence and corruption. Only the Parliamentary Security Front, of which I am president, is 305 members, which I am absolutely sure to vote with me in this report. Therefore, in the plenary, yes, it is possible to reverse this position of the working group.

Paulo Teixeira (PT-SP) claims that Moro tried to interfere with the STF, which should review the issue soon. The court president, Dias Toffoli, said last week that the trial could take place in the second half.

"This is the first defeat of Moro. And this defeat must, in my opinion, be that he wanted to change the code of criminal procedure to focus on the Supreme vote. He wants to anticipate the debate on the Supreme. And the commission He understood that this can only be discussed through PEC and not change the code of criminal procedure.

The PEC that determines the detention in second instance was filed last year by deputy Alex Manente (PPS-SP). He said that the work group's decision indicates that it is time to consider its proposal.

– In rejecting the second instance arrest to be dealt with by a bill, the work group of the antitest package indicates to the House that it is time to vote our PEC that modifies the Constitution to clearly establish this provision.

Felipe Francischini (PSL-PR), president of the Commission for the Constitution and Justice (CCJ), said he will analyze the possibility of guiding the PEC on the return of the parliamentary recession.

– The correct path is PEC. In my vision, yes (the group did).

The presidency minimizes the impact

The spokesman of the Presidency,
Otávio do Rêgo Barros
, has minimized the impact of the removal of prison in second instance from the old Moro package. According to him, the discussion at this time is wide, but the actual evaluation of the proposal will take place in the commissions and in the plenary session.

– You have to understand that the moment you live on this subject in the House is a working group. And being a working group, it is recognized that discussions are broader. In spite of the completion of this analysis process of this working group, they will be effectively put to the plenary session and to the committees for consideration – said in a statement to the press on Monday.

Asked if the elimination of the prison sentence in the second instance was a defeat for the government and for the Moro minister, Rêgo Barros did not respond. He only said that the anti-corruption and anti-corruption bill proposal is an urgent need for Brazilian society, which "establishes simple and effective measures against crime."

– The bill clarifies the position of the president and the Ministry of Justice and Public Security regarding the execution of the sentence after the conviction in second instance. In this sense, the minister proposed in the project a change of a system of laws that favors the impunity of one that pressures for the agility and the responsibility of the offenders: he responded.

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