RIO DE JANEIRO, BRAZIL – President Jair Bolsonaro has already agreed to veto the restriction on the use of handcuffs and three other specific points in the bill on abuse of authority, according to aides who are following discussions at the Palácio do Planalto.
The list includes sections dealing with imprisonment “in violation of the law,” embarrassment of prisoners and criminal penalties for violating lawyers’ prerogatives.
The bill’s approval by the Chamber of Deputies on August 15th, which toughens the punishment of judges, prosecutors, and police officers, triggered a reaction from congressmen, professional associations and even the Minister of Justice, Sérgio Moro, who are pressuring Bolsonaro to veto sections of the text.
The measure is viewed as a reaction by the political world to Lava Jato, as it leaves room for criminalizing the conduct used in the operation.
Bolsonaro has repeatedly said that he will meet virtually all veto requests made by the Minister of Justice. “Moro asked for ten (vetoes). Nine have already been guaranteed,” said the president on Monday morning, September 2nd, when leaving the Palácio da Alvorada, but without disclosing which veto is still in doubt.
He has until Thursday to decide which articles he will attempt to exclude from the bill.
The veto with the greatest consensus deals with the use of handcuffs when the prisoner offers no resistance to police action, which is provided for in Article 17 of the text approved by the Chamber.
The president, according to aides, has also decided to veto Article 9, which provides for the punishment of public officials who arrest someone in “non-conformity with the legal premises”.
Those advocating dropping this item argue that the bill does not describe which parameters could be regarded as “non-conformity” in its application, leaving room for punishing interpretations by magistrates.
Another article where there is already a veto consensus in the Planalto, according to sources close to the president, is the 13th article, which deals with the “embarrassment of a prisoner or detainee through violence, serious threat or reduced capacity for resistance”.
Subjectivity is also the argument, which could hinder police work.
The list of possible presidential vetoes also includes article 43, which provides for the criminal punishment of an official who disrespects lawyers’ rights, such as being able to speak to their client in private, being assisted by the magistrate and having access to the full range of proceedings.
The information is from the newspaper O Estado de S. Paulo.