A lei No 15.402/2026 e a erosão democrática brasileira: A “Lei da Dosimetria” como exemplo de legalismo autocrático

Abstract

This research aims to analyse the impact of the Law no 15.402/2026, popularly known as the “Dosimetry Law”, on the stability of the Brazilian Democratic State of Law. The article contextualizes the aforementioned legislation as a response from the Legislative Branch to convictions imposed by the “Supremo Tribunal Federal (STF)” resulting from the events of January 8, 2023, analyzing the possible configuration of a disguised mechanism of impunity arising from the proposed amendments. From a critical perspective, an analysis is conducted regarding the subversion of the purpose of criminal law and the use of constitutional instruments for anti-democratic ideas, phenomena identified within the terminologies of autocratic legalism and democratic erosion. The doctrines of authors such as Aziz Huq, Tom Ginsburg and David Landau are adopted as the theoretical framework. The research is qualitative in nature, being comprehensive and critical, drawing from legal, doctrinal and documentary sources, with a focus on the legislative process of the PL no 2.162/2023 and the modifications imposed by the enacted law on the Criminal Code and the Penal Execution Law. The study delves into the changes imposed by the regulation regarding the formal competition of crimes and the facilitation of sentencing progression for crimes against the democratic order, which materialize the so-called normative “Frankenstate”. The study concludes that the law utilizes a political maneuver through changes in sentencing calculations to promote a sort of veiled amnesty, weakening the self-defense mechanisms of the 1988’s Constitution and setting a dangerous precedent for the maintenance of the republican pact.