Brazil’s Congress passes bill to reduce former President Jair Bolsonaro’s 27-year prison sentence

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Brazil’s Congress voted on Thursday to override a presidential veto and adopt a bill to reduce former President Jair Bolsonaro’s 27-year prison sentence for plotting a coup. The move marks a dramatic blow to his political rival and current President Luiz Inacio Lula da Silva.

The legislation, which will be challenged in court, indicates a weakening of Lula’s position in Congress ahead of his bid for re-election in the country’s October presidential election.

It’s unclear how much time Bolsonaro will serve for his conviction for leading a coup attempt, but analysts say the move could shave around 20 years off his sentence. The former right-wing president, who began his sentence in November, is currently under house arrest.

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 voting began.

“This is a first and much awaited step by those who are afflicted. The next stage is full amnesty,” said Senator 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, Davi Alcolumbre, 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 Brazil’s Congress said the move benefits not just Bolsonaro, but also his supporters who were sentenced for destroying government buildings in the capital Brasilia on 8 January, 2023, in a riot that mirrored the assault on the US Capitol Hill two years prior.

The vote hands Lula another significant defeat in Congress just months before the incumbent president launches his bid for a fourth non-consecutive term.

On Wednesday evening he had his nominee to a seat in the Supreme Court rejected by the country’s Senate, a move unprecedented in 132 years.

“They want to release Bolsonaro, his jailed generals and stop federal police investigations that implicate them,” said Lindberg Farias, a lawmaker and Lula ally. “This is a day of infamy.”

Several lawmakers voting on Thursday spoke on the podium about the upcoming October elections, including Senator Flávio Bolsonaro, who is bidding to rival Lula for the presidency, and one of the sons of the jailed former president.

“If it is God’s will, I will govern this country,” said Flávio Bolsonaro during the vote. “I will hug you and take care of you, no matter what your political view is.”

Lula beat Bolsonaro with very tight margins in the October 2022 election, clinching 50.9% of the votes, to Bolsonaro’s 49.1%. Analysts say a lot could change in the coming months and the race very much remains open.

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