Legal experts said the Dosimetry Law, which reduces sentences for those convicted in the Jan. 8, 2023, attacks, may only take effect after the 2026 elections [1].
This delay is significant because the law directly impacts the incarceration periods of individuals involved in the storming of government buildings. A postponement of these benefits would maintain current sentencing levels during a critical electoral cycle.
The legislation became a point of contention after the National Congress overturned a presidential veto in June 2023 [1]. While the law aims to adjust the calculation of penalties, its practical application faces a high probability of judicialization within the Supremo Tribunal Federal (STF) [1].
Constitutional and criminal law specialists consulted by CNN Brasil said the STF is likely to review the constitutionality of the measure [1]. Because the court typically handles such challenges through a rigorous process, the actual reduction of sentences could be deferred [2].
Experts said the timeline for these judicial decisions often aligns with political shifts—meaning the legal benefits might not materialize until the 2026 election cycle concludes [2]. The process involves determining if the legislative override of the presidential veto adheres to constitutional standards regarding criminal sentencing.
The current stalemate reflects a broader tension between the legislative branch and the judiciary over the handling of the 2023 riots. While the Congress pushed for leniency, the STF has maintained a strict stance on the perpetrators of the attacks.
“The Dosimetry Law may only take effect after the 2026 elections.”
The potential delay of the Dosimetry Law suggests that the Brazilian judiciary may act as a check on legislative attempts to grant leniency to those convicted of attacking democratic institutions. By potentially stalling the law until after the 2026 elections, the STF ensures that the legal consequences for the Jan. 8 events remain intact during a volatile political period, preventing a mass release of convicts that could influence the electoral landscape.
