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Jan. 8 rioters may exchange jail time with compensation

The Supreme Court granted a request by the Prosecutor‑general’s Office
André Richter
Published on 23/08/2023 - 11:25
Brasília
Brasília, (DF) – 01/08/2023 -  O presidente da Corte, ministro Alexandre de Moraes, participa da abertura da  sessão plenária do segundo semestre forense de 2023, Foto Valter Campanato/Agência Brasil.
© Valter Campanato/Agência Brasil

Supreme Court Justice Alexandre de Moraes on Tuesday (Aug. 22) authorized the Prosecutor-general’s Office to propose non-criminal prosecution agreements for approximately a thousand people investigated over the riots of January 8, when the headquarters of the three branches of powers were stormed in Brasília.

The move had been requested by the Prosecutor-general’s Office to the Supreme Court and was supported by the Brazilian Bar Association, OAB.

Now, the Prosecutor-general’s Office will decide in which cases the agreement can be granted, to be later on ratified by the justice.

Since such a pact is now possible, Justice Moraes ordered the 120-day suspension of the criminal proceedings targeting possible beneficiaries of the deal. Their counsels will also be authorized to attempt to reach an agreement with the Prosecutor-general’s Office.

Under the non-criminal prosecution agreement, those accused of crimes committed without violence or serious threat, and with a minimum sentence of four years, can make a confession in exchange for measures other than imprisonment—such as repairing the damage caused, handing over property stemming from the crime, paying a fine, and doing community service.

The proceedings suspended are part of the probes into the masterminds behind the riots and the individuals who instigated them.