Government is considering toughening the penalty for crimes against democracy – 01/20/2023 – Power

The Ministry of Justice and Public Security is considering proposing to Congress new punishments for crimes against the democratic rule of law, including the loss of public office and the impossibility of taking public exams. Also under evaluation is the creation of new criminal offenses for those who attempt against the lives of the heads of the Three Powers.

Internal document obtained by Sheet shows that Minister Flávio Dino’s (PSB) team is discussing the creation of new criminal offenses for those who join or facilitate the dissemination of movements that seek to commit crimes against the democratic rule of law. The suggestion under analysis is that the penalty for this offense is 4 to 8 years in prison, in addition to a fine.

The measures under study are part of a package that the Luiz Inácio Lula da Silva (PT) government intends to forward to the Legislature defending the toughening of punishments for those who participate and promote coup-like acts —such as those that resulted in the depredation of the headquarters of the three Powers on January 8th.

Among the options under debate, there is the creation of a new criminal type for those who organize or lead coup demonstrations. The suggestion for this case is that the penalty varies from 6 to 12 years in prison and a fine.

It is also foreseen the institution of a specific criminal type for those who finance or pay for crimes against the democratic rule of law. In this case, the penalty would range from 8 to 20 years in prison and a fine.

There would also be a new penalty for those who, with the intention of altering the democratic constitutional order, attempt against the life and against the integrity of the heads of the three Powers, such as the President and Vice-President of the Republic; presidents of the House and Senate, of the STF (Federal Supreme Court) and of the PGR (Attorney General of the Republic).

Currently, there is no specific punishment for those who adhere to, finance and organize movements that violate the democratic rule of law.

The topic is still under discussion and there may be changes until the effective presentation to the Legislative. The package will still be taken to Flávio Dino.

The intention is for the minister to detail the package to Lula at the beginning of next week.

Members of the Ministry of Justice say privately that, in the current design, the package consists of four minutes. There are three bills: one to regulate social networks, another to make changes in the criminal area and the third to reorganize public security powers in the Federal District. There would also be a PEC (proposed amendment to the Constitution) to create a national guard responsible for protecting the Esplanada dos Ministérios and Praça dos Três Poderes.

With the Sheet showed, the Lula government is working on proposals to expand the regulation of social networks, under the argument that it is necessary to prevent the internet from being used to disseminate anti-democratic content.

The objective is to try to prevent the organization of events such as the invasion of Congress, the Planalto and the STF by supporters of former President Jair Bolsonaro (PL).

On another front, the idea of ​​removing the exclusive responsibility for the security of the area that gathers the buildings of the three Powers in Brasília from the Government of the Federal District advanced among members of Lula’s administration.

The Ministry of Justice group working on the package is preparing a draft PEC and a bill to create and regulate a national guard that would be responsible for the security of what ministers call civic spaces of national interest.

This comprises the central area of ​​Brasília, which includes the Esplanada dos Ministérios and the Praça dos Três Poderes — in addition to embassies and other buildings linked to the federal government.

This guard would be coordinated by the Ministry of Justice. Initially, it could request military police from the Federal District. In the future, tenders could be called specifically for this purpose.