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Roberto Jefferson’s Defense Asks STF to Apply Detração and Start Sentence in Semi-Open Regime

Alexandre de Moraes now considers a bid to recalibrate the penalty using time served plus age-based prescription.

Overview

  • Jefferson’s lawyers petitioned Minister Alexandre de Moraes to credit preventive detention toward his sentence and authorize the semi-open regime.
  • The filing says Jefferson has been in custody since August 2021, which, after detração, would leave 4 years, 11 months and 8 days to serve.
  • The defense argues partial prescription should apply to calúnia and incitement because Jefferson was over 70 at conviction, citing votes by Fachin, Zanin and Nunes Marques.
  • Jefferson was sentenced by the STF to 9 years, 1 month and 5 days for calúnia, homophobia, incitement to crime and attempts to impede the exercise of the Powers.
  • He remains on humanitarian house arrest granted in May due to serious health conditions described in court medical reports, and the new requests await Moraes’s decision.