Two days after Senator Flávio Bolsonaro (PL-RJ) declared that he had “a price” to withdraw his candidacy for Planalto, an agreement between Centrão and the right-wing Bolsonaro allowed the approval of the project which reduces the sentence that will be served by former President Jair Bolsonaro for attempted coup d’état. House Speaker Hugo Motta (Republicanos-PB) put the proposal to a vote early Wednesday. The text was approved by 291 votes to 148. The decision to advance the subject was preceded by meetings between the leaders of the Centrão party and communicated by Motta to the leaders in the morning.
The project also obtained the approval of the President of the Senate, Davi Alcolumbre (União-AP), who promised to vote on it this year. The project’s rapporteur, MP Paulinho da Força (Solidariedade-SP) said the proposal would allow the former president to be imprisoned in a closed regime for less time. Bolsonaro was sentenced to 27 years and three months in prison. With the text, the total sentence would be reduced to a level close to 21 years.
The opposition agreed not to present amendments to the text in plenary to try to approve a broad amnesty, as it had initially threatened to do.
— We will not present any amendments, we have reached an agreement with the President of the Chamber, Hugo Motta. We have not yet given up on a broad and unrestricted amnesty, but Jair Bolsonaro has authorized us to move forward in reducing sentences. It was a possible agreement, Bolsonaro agreed to pay his share of the fine in the name of Christmas among these people — said the leader of the PL, MP Sóstenes Cavalcante (RJ).
Despite negotiations that could have electoral impact, Motta said there was “no demand” to discuss the issue.
— (The project) will not focus on amnesty, but on the possibility of reducing the sentences of those found guilty of the acts of January 8. It is natural to arrive at the end of the year with the position of the House. The plenary is sovereign. This decision was taken according to the will of the president, who has the power to set the agenda. It wasn’t at anyone’s request. The case is ripe, Motta said.
Before the vote, the president of the Republicans, deputy Marcos Pereira (SP), and the presidents of the Union, Antônio Rueda, and of the PP, senator Ciro Nogueira (PI), met to discuss the political scenario.
The day before, Rueda, Ciro, Flávio Bolsonaro and other leaders of the former president’s party met to discuss the announcement of the senator’s presidential candidacy. According to Flávio, party leaders have expressed doubts about the “traction” capacity of his candidacy for the Palácio do Planalto in 2026. The preferred name of these leaders to run for Planalto is the governor of São Paulo, Tarcísio de Freitas (Republicans).
The government base was surprised by Motta’s decision to vote on the project. PT leader Lindbergh Farias (RJ) went so far as to declare that Motta was no longer capable of leading:
— Your Excellency loses the conditions to continue to exercise the presidency of this Chamber.
Other government supporters turned to former House Speaker Arthur Lira (PP-AL) to try to encourage Motta to postpone the vote.
In the Senate, Alcolumbre promised to speed things up:
— We will deliberate on this project as soon as the Chamber has deliberated on it. Again this year — said the Senate President.
Despite this, the president of the Constitution and Justice Commission (CCJ) of the Senate, Otto Alencar (PSD-BA), spoke out against the vote on the project this year. He said future sessions should be remote and the project should be discussed in person.
Paulinho said he called former Senate President Rodrigo Pacheco (PSD-MG), who is one of the people consulted by Alcolumbre on the subject. According to the House rapporteur, both Alcolumbre and Pacheco sent a favorable signal.
The vote in the House was scheduled for early evening, but a disturbance in plenary involving MP Glauber Braga (PSOL-RJ), threatened with dismissal, delayed the analysis. Glauber was forcibly removed by the legislative police from his seat as chairman of the session, from where he promised to obstruct the debates.
The ministers of the Federal Court (STF) believe that the vote on the project does not constitute a “trampling” of the prerogatives of the Court, because the recalibration of sentences still depends on the individual actions of magistrates.
The members of the Supreme Court believe that, even if the text may modify the deadlines and criteria, the responsibility for the execution and review of sentences remains with the judiciary, including for personalities like the former president.
Led by Paulinho and with the initial support of some ministers of the Supreme Court, the text seeks to reduce sanctions without granting a total pardon, with the aim of constructing a legally viable and politically balanced text.
Therefore, the interpretation is that the bill may act as a safety valve, reducing pressure for an unrestricted amnesty. If also approved by the Senate, the proposal will then be submitted to President Lula for sanction or veto.
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