Overview

• The STF president said he applied the doctrine of consunção in his vote, merging the crimes of golpe de Estado and abolição violenta do Estado Democrático de Direito into a single punishment.
• He limited this approach to minor participants and excluded planners and financiers from any sentencing relief.
• Barroso recounted discussing the sentencing approach in April with Chamber president Hugo Motta and Senate president Davi Alcolumbre during travel to Rome.
• He argued that rewriting statutory penalties would be casuísmo, noting that the democracy-protection law was recently updated by Congress.
• He maintained that his stance predates Jair Bolsonaro’s conviction, as Congress continues to debate amnesty and dosimetry proposals he considers unacceptable in their current form.