Moraes: Sentencing Law Not Yet in Effect; Denies Sentence Reduction for 'Débora do Batom'

In a significant ruling, Supreme Court Justice Alexandre de Moraes has clarified that the recently passed law aimed at reducing penalties for individuals convicted in connection with the January 8th events has not yet taken effect. This decision directly impacts the legal proceedings for those seeking sentence reductions, including the case of Débora Rodrigues, popularly known as 'Débora do Batom.' Her defense team had based their plea on Congress's recent override of a presidential veto concerning the sentencing law, anticipating immediate relief.

However, Justice de Moraes, in his decision, emphasized that the legislative process for the law is not yet complete. He pointed out that while Congress did override the presidential veto on April 30, 2026, the law has neither been formally promulgated nor published. Consequently, it cannot be considered in force. This legal technicality means that any benefits derived from the new sentencing guidelines are currently on hold, pending the official enactment of the legislation. The defense's request for a reduced sentence for Rodrigues was therefore denied based on the current legal status.

The case highlights the intricate legal and political dynamics surrounding the aftermath of the January 8th events. The law in question introduces several changes, such as preventing the cumulative application of penalties for related crimes and allowing for sentence reductions for those who acted within a crowd without playing a leadership or financing role. It also modifies parole eligibility. The Brazilian justice system, as demonstrated by Justice de Moraes's ruling, meticulously adheres to procedural requirements, even when political will suggests otherwise. From a Brazilian perspective, this adherence to due process, while potentially frustrating for defendants seeking leniency, is a cornerstone of judicial integrity, ensuring that laws are applied only after all formal steps are completed.

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The National Congress, in a session held on 4/30/2026, overrode the Presidential veto (VET 3/2026), with the exception of prejudiced provisions, to the so-called Sentencing Bill (PL 2.162/2023), and neither promulgation nor publication of the normative diploma has occurred to date, which, therefore, is not in force.