Justice Minister Sérgio Moro Defeated Again on Anti-Crime Package Bill

RIO DE JANEIRO, BRAZIL – The Minister of Justice and Public Security, Sérgio Moro, has suffered yet another defeat during the anti-crime package discussion in the Chamber of Deputies.

The working group analyzing the bill rejected — by eight votes to three — the proposal to allow defendants who have confessed to their crimes to be handed a lighter sentence, the so-called “plea bargain”.

Moro’s proposal would establish in Brazil a legal framework common to the American justice system. The measure allows a defendant to plead guilty to a crime and not stand trial. As a result the judge, in exchange for the confession, imposes a milder sentence agreed upon by the parties.

The agreement resembles the whistleblower award, but the main difference is that, in this case, the defendant is required to name other perpetrators. Additionally, the defendant must still stand trial.

In the case of a plea bargain, the confession of crimes is self-sufficient, and the action is closed.

When rejecting the proposal, several deputies stated that the measure disregarded the constitutional rule of the presumption of innocence, as provided in current legislation.

The proposal, however, may be resubmitted in a separate project according to the rapporteur of the package, Captain Augusto.

Nevertheless, the working group approved non-prosecution, which will allow the prosecution to be terminated in the event that the accused has confessed. The case, however, differs from Moro’s proposal as it only applies to non-violent crimes, punishable by less than four years of imprisonment.

The major distinction between a plea bargain and non-prosecution is that in regard to the measure proposed by Moro, a denunciation must be offered by the Federal Prosecutor’s Office and there is no time limit for the penalty.

The approved proposal, which was drafted by Supreme Court Justice Alexandre de Moraes and embodied by Moro in the anti-crime package, provides for punishment to be replaced in the investigation phase, without bringing an action.

In an interview with the newspaper O Estado de S. Paulo, the rapporteur of the bill, deputy Captain Augusto, said there is “unwillingness” of legislators with regard to the measures introduced by the former judge of Lava Jato. The proposal is expected to see amendments in at least ten points.

Alongside the debate in the Chamber, the Senate will also examine the package submitted by Moro. The text under consideration by deputies has been divided into three sections by senators. Before congressional recess, the Constitution and Justice Committee of the Senate approved the criminalization of slush funds.

The information is from the newspaper O Estado de S. Paulo.