The bills that intend to institute prison after sentencing in second instance in the country have been without significant advances in Congress for a year.

The three initiatives that foresee this change were not a priority for the House and Senate in 2020 and are in danger of falling further behind with the elections for the presidency of the Legislative Houses in February.

The issue became one of the priorities of the parliamentarians in November last year after the STF changed its understanding on the issue that allowed the release of former president Luiz Inácio Lula da Silva PT who was already sentenced in second instance but who appeals the decision.

The initiatives then gained new momentum One of them the PEC Proposed Amendment to the Constitution 1992019 by federal deputy Alex Manente CidadaniaSP emerged soon after Lulas release and started to be treated as a priority by sectors of Congress She was also supported by the then Minister of Justice Sergio Moro icon of defense of the second instance prison.

The text establishes that the action ends in the second instance being necessary to initiate another action to appeal to the superior courts.

In this way the rule tries to avoid disputes since the Constitution considers a clause in stone that addresses the fundamental rights of the citizen among them the possibility of awaiting the end of the trial in freedom.

The initiative tries to institute second instance prison not only for criminal convictions but also in other spheres such as tax and labor.

The bills admissibility was recognized by the CCJ Committee on Constitution and Justice of the Chamber in November last year but little progress has been made since then.

In 2020 hearings were held one of them with the presence of Moro With the departure of the government minister in April defenders of the second instance prison lost their main voice in support of the project within the government.

The main blow to the initiative however happened a month before with the arrival of the pandemic Congress reduced the work and the mixed committee of the Chamber that analyzed the text was paralyzed making it difficult to build a consensus on the subject.

In the second half of the year several parliamentarians manifested themselves in favor of the commissions return Even without this happening deputy Fábio Trad PSDMS rapporteur of the project presented a favorable opinion for the approval of the text in September But neither that nor the release in October of the drug dealer André do Rap who was already sentenced in second instance made the Congress prioritize the issue.

Deputy Alex Manente told R7 that the project has not stopped and has already gone through all public hearings. The pandemic came which paralyzed the work of all the commissions We are struggling to retake I believe that next year with the resumption of the commissions it will normally resume its work to vote on the report he stated.

Another possible obstacle to advancing the issue is the fragmentation of Congress and the new elections for the command of the Houses. This is because the support of leftwing parties which traditionally are against imprisonment in the second instance came to be considered strategic to win the election for the command of the Legislative especially the Chamber.

Deputy Arthur Lira PPAL supported by the government even sought an alliance with PT Another group led by the current president Rodrigo Maia DEMRJ claims that it has effectively secured the support of the Workers Party as well as the PSB PDT PCdoB and Rede.

Manente claims that the change in the command of the Chamber does not reduce the chance of the project being voted on. We will work so that the PEC has the commitment of any president who wins from being voted on in the plenary because it is an answer that Brazilian society awaits he says.

The president of the Senate Davi Alcolumbre DEMAP stated earlier this year that the House would await the progress of the Chambers project instead of putting to a vote the initiatives of senators on the subject One of them is PEC 52019 by senator Oriovisto Guimarães PodemosPR which made little progress.

The other initiative progressed further This is bill 1662018 by senator Lasier Martins PodemosRS It does not change the Constitution but the Code of Criminal Procedure to allow imprisonment after conviction in second instance.

Currently article 283 of the code provides that imprisonment can only occur as a result of a final and unappealable conviction or during the investigation or proceeding in a precautionary manner temporary or preventive.

The bill was approved by the CCJ of the Senate on December 10 of last year through a terminative decision This would allow the text to go straight to the Chamber without going through the Senate floor. However senators filed an appeal against the decision which requires that the bill now go through the plenary. The text however was never guided and is one of the initiatives on second instance stuck in 2020.

By Ritu R

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