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40 statements · 1 politicians · December 17, 2025
Statements by Marcos Rogério. 40 transcribed statements, with topic and stance on the ones the analysis classified. Topics: Criminal Justice, Amnesty.
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Transcript
40 statementsFull transcript of the video. Statements the analysis classified carry topic and stance.
About: improve sentencing enforcement and reduce early release of prisoners
It's the memory aid, Mr. President. (Laughter.) (Bell rings.) Mr. President, Madam and Mister Senators, I take the floor at this moment to make an important record, because we voted in the CCJ today, and we will vote this afternoon on a bill that will bring some relief to hundreds of Brazilians who are suffering at this moment – some imprisoned; others separated from their families – because of what happened on January 8.
About: improve sentencing enforcement and reduce early release of prisoners
And I commend Your Excellency for the commitment to bring this matter to the agenda of the Federal Senate, and the commitment that was made is being fulfilled.
- Neutral
About: improve sentencing enforcement and reduce early release of prisoners
We held the vote in the CCJ this morning and we will now, this afternoon, hold the vote in the Plenary of the Federal Senate.
About: improve sentencing enforcement and reduce early release of prisoners
To tell the truth, many Senators – and I include myself among them – would like to vote on the amnesty bill, but at this moment what can be voted on is this bill that modifies the penalty criteria, and this will reduce the sentences of many of those who are imprisoned at this moment.
And I would like to make a record here, Mr. President, of what Senator Flávio Bolsonaro said this morning in the CCJ.
And I will also give my testimony in the Plenary of the Federal Senate, because, before our ever-President Bolsonaro was taken into custody, I had the opportunity to be with him.
About: improve sentencing enforcement and reduce early release of prisoners
And, in the conversation I had with President Bolsonaro, he, despite his personal condition of already, at that time, being under house arrest — which later worsened even more, because now he is imprisoned, incarcerated for a crime he did not commit — said that, if he had to deliberate on this matter, Senator Portinho, that we should deliberate, that we should vote, even at his personal sacrifice, but that we should vote on the bill that would modify the penalties to allow fathers and mothers to return home to be beside their children, even if that would not benefit him at this time; and we are voting.
- Neutral
About: grant amnesty via the National Congress
Does that prevent Parliament, a little further on, from returning to debate the issue of amnesty?
About: improve sentencing enforcement and reduce early release of prisoners
No. What we are doing here today is correcting an excess.
About: improve sentencing enforcement and reduce early release of prisoners
This bill comes as an instrument of restoration of criminal justice, because — I said it in the CCJ and repeat it here — faced with a single hammer blow, without the right to appeal, without the right to an appeal, the STF (Supreme Federal Tribunal) convicted hundreds of Brazilians, without them being able to appeal, without being able to seek recourse, in a court of exception, because this matter should not have been in the STF; and, being in the STF, the competence should have been of the Plenary, which also did not happen; it went to one of the STF's chambers; and, in the chamber it went to, the trial should have been by impartial ministers, judges, which also did not happen, because the majority there had impediment or some sort of suspected bias.
About: improve sentencing enforcement and reduce early release of prisoners
But they overcame everything to carry out an unconstitutional trial.
But does that change the fact, the reality for these people?
- Neutral
About: improve sentencing enforcement and reduce early release of prisoners
No, they are imprisoned, they are incarcerated, many are fugitives, they lost mandates, they lost their lives...
- Neutral
About: improve sentencing enforcement and reduce early release of prisoners
And another literally lost his life, Clezão, as so often mentioned by Senator Magno Malta.
So, faced with the reality we have today, what is the stance of the Federal Senate?
About: improve sentencing enforcement and reduce early release of prisoners
The stance of the Federal Senate is that of a Chamber which, at this moment, has the possibility of mitigating an injustice, absurd sentences, exaggerated sentences, and we will now have the possibility, by voting for this bill, to restore to a significant portion of those who were convicted the ability to return home.
About: improve sentencing enforcement and reduce early release of prisoners
And I say, Mr. President: Parliament exercises, or Parliament should exercise its function not only as an ordinary legislative body, not only the law-making role, but Parliament is also called upon to perform a function in the sense of practicing restraint on punitive excesses, a function of institutional balance, a function of protection of human rights.
About: improve sentencing enforcement and reduce early release of prisoners
And I believe this is the moment in which we are exercising that role through the Brazilian Parliament.
- Neutral
About: improve sentencing enforcement and reduce early release of prisoners
The Chamber of Deputies voted and the Federal Senate should confirm today — I hope — with this vote.
- Neutral
About: improve sentencing enforcement and reduce early release of prisoners
Does that solve the problem? No! It mitigates the problem.
And here, Mr. President, in the CCJ debate today, two arguments were raised.
- Neutral
About: improve sentencing enforcement and reduce early release of prisoners
One, pointing to abuse of authority, abuse of power, the lack of moderation of those who were judging, who could have used a different path which would have reached the same result, but not with disproportionate and absurd penalties.
But they did not act that way: they preferred to pile on criminal statutes, offense types, to increase the sentence, when they could have applied the principle of criminal construction, whereby when you have statutes that address different situations but the conduct is the same, one statute absorbs the other — but they did not take that route.
- Neutral
About: improve sentencing enforcement and reduce early release of prisoners
They opted to add sentences, add offense types, to extend the length of the conviction.
And there is a criticism regarding this, and that criticism was made in the CCJ.
On the other hand, another very eloquent speech in the CCJ was that of our ex-President Senator Rodrigo Pacheco, which, moreover, was a technical statement.
- Ambiguous
About: improve sentencing enforcement and reduce early release of prisoners
I disagree with him on the substantive matter regarding the attempted coup, but, from the point of view of criminal law, of the formal question, it was a speech truly befitting a debate in the CCJ of the Federal Senate, bringing light, bringing clarity as to what we did when legislating on crimes against the democratic order, saying that the legislator failed to foresee situations that, at this time, cause distortions in trials.
And there are these two extremes: on one side, abuse of power; on the other, legislation that did not foresee situations that today lead to exacerbated punishments.
About: improve sentencing enforcement and reduce early release of prisoners
And then that one who is imprisoned, Débora do batom, who was sentenced to 14 years in prison, faced with these two situations — one: the Parliament's failure to get the norm right; the other: the judiciary's abuse of power — what does that have to do with those who were there in a herd effect and who were convicted en masse and who received 14, 15, 16, 17 years in prison?
It has nothing to do with that. But it has to do with Parliament.
About: improve sentencing enforcement and reduce early release of prisoners
If Parliament recognizes that, whether by the argument of abuse of power, of abuse of authority, or by the argument of error in the penal matter legislated, this is a fact, it is up to this Parliament, with the responsibility it has, to face reality and redefine the penal criteria for progression in the serving of sentences.
About: improve sentencing enforcement and reduce early release of prisoners
And that is what we are doing today.
- Neutral
About: improve sentencing enforcement and reduce early release of prisoners
So today's vote is not the solution.
- Neutral
About: improve sentencing enforcement and reduce early release of prisoners
It is not what we would like, because I understand that we are faced with a situation that is characterized as an impossible crime — impossible crime.
An attempted coup without weapons, without support, without mobilization: impossible crime!
About: improve sentencing enforcement and reduce early release of prisoners
But, faced with the reality that imposes itself, what we are doing today is fixing it, giving an answer to reduce the damage, the agony, the pain of these people by voting for this bill that reduces sentences.
About: improve sentencing enforcement and reduce early release of prisoners
So I salute here our ex-President Bolsonaro for his greatness: for the greatness of having given his word to Flávio and, before that, when I was there, he did the same thing, saying: "Vote and allow these families to return home."
- Neutral
About: grant amnesty via the National Congress
And this does not prevent us, in the future, from coming back here to debate amnesty.
- Neutral
About: grant amnesty via the National Congress
(Bell rings.) Amnesty is a subject of the National Congress: art. 48, item VIII, of the Constitution.
- Neutral
About: grant amnesty via the National Congress
It is the competence of the National Congress to grant amnesty. So, today we will vote on this bill, but in the future this subject will be revisited. Thank you very much, Mr. President.
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