In Brazil, Congress Approves Bill to Reduce Jair Bolsonaro's Prison Sentence

The Brazilian Congress approved on Wednesday a law allowing the reduction of the sentence of far-right former president Jair Bolsonaro, who was sentenced to 27 years in prison for attempted coup d'état. The bill, which could be vetoed by Lula, could reduce his sentence to two years and four months.

Following the lower house, the Brazilian Senate approved on Wednesday, December 17, a bill aimed at reducing the 27-year prison sentence of former president Jair Bolsonaro. However, this measure is expected to face opposition from the Supreme Court and President Luiz Inacio Lula da Silva.

The bill, supported by the conservative majority and adopted by the Senate with 48 votes in favor and 25 against, could reduce his incarceration period to two years and four months.

Also read: Bolsonaro sentenced in Brazil: a "historic" verdict marking the time for right-wing succession

It also provides for sentence reductions for those convicted for their role in the January 2023 insurrection, when Jair Bolsonaro's supporters stormed and vandalized the presidential palace, the Supreme Court headquarters, and Congress to contest the electoral defeat of the outgoing far-right president.

Its approval by the Chamber of Deputies last week sparked widespread criticism. Protests against the measure, organized on Sunday, gathered tens of thousands of people in several major cities across the country.

The former far-right leader (2019-2022) began serving his sentence at the end of November in the Federal Police headquarters in Brasilia.

Brazilian President Luiz Inacio Lula da Silva can veto the sentence reduction law, but this veto can in turn be overturned by Congress.

Sentence reduction, "a first step"

As it stands, Jair Bolsonaro, 70, could remain incarcerated for about eight years before potentially benefiting from sentence adjustments, according to the Sentence Execution Court of the Brazilian capital.

The new bill also provides for conditional release for dozens of his supporters convicted for the January 8, 2023 riots in Brasilia. On that day, thousands of Bolsonaro supporters vandalized Parliament, the presidential palace, and the Supreme Court, demanding military intervention to remove the current left-wing president Luiz Inacio Lula da Silva from power, one week after his inauguration.

Centrist Senator Renan Calheiros called the vote a "farce" and left the session, accusing government allies of letting the bill pass in exchange for support for an initiative increasing taxes on certain companies.

Senator Randolfe Rodrigues of the ruling Workers' Party denied any such agreement.

Within a Parliament with a strong conservative majority, Bolsonaro supporters have unsuccessfully tried since February to pass a bill granting Jair Bolsonaro full amnesty. But with the year-end parliamentary recess approaching, they considered the sentence reduction "a first step."

The final word will belong to Parliament

Last week, the bill was approved by deputies after a heated session.

The bill's rapporteur in the upper house, Espiridao Amin, an ally of Jair Bolsonaro, changed the wording so that the sentence reduction would only apply to those convicted "for crimes against the rule of law." This therefore concerns the former president and his close collaborators convicted for attempted coup d'état, as well as the rioters of January 8, 2023.

The implementation of any sentence reduction for Jair Bolsonaro could be delayed if left-wing President Luiz Inacio Lula da Silva decides to veto the bill before its enactment.

"This bill is destined for veto," Senator Randolfe Rodrigues told journalists, calling it "lamentable."

But Parliament will have the final say and could vote to overturn the presidential veto.

The bill's rapporteur in the lower house, Paulinho da Força, described it as "a gesture of reconciliation" in a deeply polarized country.