Brazil’s Congress on Thursday reduced former president Jair Bolsonaro’s 27-year prison sentence, a move that will likely be appealed to the country’s Supreme Court.
It’s unclear how much time Bolsonaro would serve for his conviction for leading a coup attempt, but analysts say the move could shave 20 years off his sentence. The former president, who began serving it in November, is currently under house arrest.
President Luiz Inacio Lula da Silva vetoed the initiative in December. Congress overrode the veto in a vote that featured several opposition lawmakers making reference to October’s election. Lula is bidding for re-election with Flavio Bolsonaro, one of the sons of the former president, as his most bitter rival.
The bill passed by Congress reduces prison terms for several crimes, including those against the democratic rule of law and leading a coup. The move may also benefit supporters of Bolsonaro who were sentenced under similar charges.
The conservative opposition successfully drew centrist senators and federal deputies to comfortably override the leftist president’s veto of last year’s sentencing bill. Bolsonaro supporters expressed confidence in the outcome even before the voting began.
“This is a first and much awaited step by those who are afflicted. The next stage is full amnesty,” said Sen Espiridião Amin, a Bolsonaro ally.
The bill that lawmakers passed last year reduces prison terms for several crimes, including those against the democratic rule of law and leading a coup when a person is convicted in both. The new legislation states that the sentence should be based only on the count carrying the highest sentence.
Ahead of the vote, the president of Brazil’s Senate said only cases similar to ones that led to convictions for Bolsonaro, his allies and supporters in the attempted coup trial would be eligible for the softer penalties, though legal experts say that claim will be questioned in court.
Pedro Uczai, the Workers’ Party whip in Brazil’s lower house, said he will appeal to the Supreme Court to annul the legislation, arguing that it was unconstitutional. The court is yet to receive his complaint.
Bolsonaro allies in Congress said the move benefits not only the former president, but also supporters who were sentenced for destroying government buildings in capital Brasilia on January 8, 2023, in a riot that mirrored the assault on the US Capitol Hill two years earlier.
Alexandre Knopfholz, a lawyer and legal scholar, said the bill could reduce penalties for crimes committed by crowds, expanding legal benefits for many of those charged with the destruction of government buildings in Brasilia.
Knopfholz added that Bolsonaro “will not be automatically released” even if the new legislation withstands the Supreme Court’s likely scrutiny.
The vote hands Lula another significant defeat in Congress months before his bid for a fourth nonconsecutive term. Wednesday evening he had his nominee to a seat in the Supreme Court rejected by the country’s Senate, a first in 132 years.
“They want to release Bolsonaro, his jailed generals and stop federal police investigations that implicate them,” said lawmaker Lindberg Farias, a Lula ally. “This is a day of infamy.” Several lawmakers voting on Thursday spoke on the podium about October’s election. Four years ago, Lula beat Jair Bolsonaro by a narrow margin to return to the presidency.
