Brazil's Attorney General Defends Dosimetry Law Application Pending STF Trial

Brazil's Attorney General Paulo Gonet submitted an opinion on June 18, 2026, urging the Supreme Federal Court (STF) to allow the Dosimetry Law (Law 15,402 of 2026) to be applied while the court evaluates its constitutionality. The law, passed by Congress, reduces sentences for those convicted in connection with the January 8, 2023 coup attempt, benefiting numerous convicts including former president Jair Bolsonaro.

The law's implementation was suspended on May 9 by Justice Alexandre de Moraes, who determined that application should remain halted pending the STF's full judgment on constitutional challenges filed by the Brazilian Press Association and the PSOL-Rede federation. Gonet's opinion counters arguments from government-allied parties seeking to block the law, arguing that sentence reduction does not decriminalize the conduct but rather regulates the execution phase while preserving behavioral requirements for convicts.

Gonet rejected characterizations of the law as an amnesty, clarifying that the Dosimetry Law merely reduces sentence duration rather than extinguishing criminal liability as amnesty would. He disputed allegations that the law constitutes arbitrary favoritism toward a specific group, stating that mere benefit to known individuals does not establish unconstitutionality without demonstrated lack of reasonable justification.

The law introduces several modifications to criminal execution rules, including revised crime concurrence standards, changes to sentence progression mechanisms, reduced penalties for participants without leadership roles, and new mitigating circumstances for crimes committed in crowd contexts. Opposition parties have challenged the law's constitutionality on procedural grounds, alleging errors in congressional approval by Senate President Davi Alcolumbre and substantive flaws including casuistry and improper purpose.

Gonet's defense positions the law within legislative autonomy, asserting that Congress has the constitutional right to establish sentencing parameters. The STF's decision on constitutional challenges (ADI cases 7,966 and 7,967) remains pending, with Moraes cautioning that premature application could create irreversible outcomes if the law is later declared unconstitutional.