Uma análise dos crimes contra as instituições democráticas e sua aplicação em processos do 8 de janeiro de 2023

Abstract

This article aims to carry out a detailed analysis of the so-called crimes against democratic institutions, typified in articles 359-L and 359-M of the Penal Code, which were introduced to criminal protection with the enactment of Law No. 14,197/2021. At first, this work will briefly discuss the historical context that led to the enactment of this law, including the repeal of the outdated National Security Law, as well as seeking to reinforce the importance of defending the Democratic Rule of Law, one of the objectives of the enactment of Law No. 14,197/2021, which added Title XII to the Penal Code, relating to crimes against the Democratic Rule of Law. Finally, this study seeks to relate and analyze how the dogmatic application of the crimes against democratic institutions - the violent abolition of the Democratic Rule of Law and the coup d'état - has been applied by the Federal Supreme Court and other judicial bodies in cases involving the trials of the anti-democratic acts of January 8, 2023, as well as how those involved have been held accountable, including minority and critical perspectives.