Jair Bolsonaro approved, with 25 vetoes, the anti-crime legislative package, approved two weeks ago by the Senate, and retained the judge of guarantees against the will of Justice Minister Sergio Moro.
Jair Bolsonaro approved with 25 vetoes the anti-crime legislative package, approved about two weeks ago by the Brazilian Senate, keeping the figure of the judge of guarantees against the will of Justice Minister Sergio Moro.
The figure of the judge of guarantees was not included in the original draft legislative package presented by Moro in February and was later introduced by the House of Representatives.
The Minister of Justice and Public Security told the Estado de S. Paulo newspaper that he would propose to the President the veto of “all the judge of guarantees”, but Bolsonaro endorses the provision, which, in practice, requires that each criminal proceedings be accompanied by two judges.
The judge of guarantees will be responsible for “checking the legality of criminal investigation and safeguarding individual rights”, according to the text of the law, cited by that Brazilian publication.
The revelation of the dialogues between Sérgio Moro and the prosecutors of Operation Lava Jato, released by The Intercept Brazil, sparked the debate about the creation of the investigation figure, which eventually imposed itself, despite the considerations of the Minister of Justice, who considered , “Among other reasons”, that “the Brazilian Justice, with a judge in most counties, cannot have two judges in each, and distance work is not feasible”.
Among the provisions now vetoed by Bolsonaro are the tripling of the penalty when the crime is committed or disclosed in any form of social networking on the world wide web; DNA collection only in cases of willful crime committed against life, sexual freedom and sexual crime against vulnerable; and the limitation of the environmental capture test only for defense, advances the state of S. Paulo.
The President also vetoed a provision that qualified the crime of homicide in cases of use of restricted and prohibited firearms, with the argument that the proposal could generate legal uncertainty, "notably to public security agents", according to the president. newspaper.
According to Bolsonaro, security officials could be “severely prosecuted or criminally convicted” for using their restricted-use weapons in the exercise of their duties or in “extreme situations” to ensure public order, such as in armed conflicts against criminal factions. .
In his message explaining the vetoes to Congress, the Brazilian head of state justifies that the partial veto of the 25 provisions contained in the legislative package is based on reasons such as “contrary to the public interest and unconstitutionality”, after the “technical and legal manifestations” were answered. "