Brazilian Congress approves law to reduce Bolsonaro’s sentence and advance his release from prison

The Dosimetry bill proposes to drastically modify the calculation of penalties imposed by the Supreme Court to those convicted of the attacks on the headquarters of the Three Powers that were destroyed by a Bolsonaro mob in January 2023, in an action allegedly orchestrated by Bolsonaro.

The unexpected vote was organized in a hurry, at the same time as other controversial measures proposed. constitutional changesbecause the deputies are preparing for the end of year holidays. The session surprised both the Executive and the Supreme Court, who find themselves in direct confrontation with these measures, closing the pre-electoral year with strong political tension between the powers.

The project, approved by 291 votes for and 148 againstis also the consequence of a high-risk maneuver carried out by the former president’s eldest son, Senator Flavio Bolsonarowho recently announced his candidacy for president, implying that he would only step down if an amnesty was negotiated for his father and the rest of the convicts. Although the final text removed full amnesty, the House footed the political bill by brokering a middle ground by proposing sentence reductions, which could advance his father’s freedom and reassure Bolsonaro’s base.

With the alternative approved by the deputies the sentences would be recalculatedwhich would directly impact the sentence of Bolsonaro, sentenced by the Supreme Court to a sentence of 27 years and 3 months, for “attempted coup d’état” and “violent abolition of the democratic rule of law”. With the new law, these crimes, committed in the same context, would no longer be subject to additional penalties, with only the most serious penalties being applied. With this amendment, the basis of the former president’s sentence would be reduced to a range of 4 to 12 years, significantly reducing his effective length of imprisonment.

According to the projections presented by the project rapporteur, the deputy Paulinho da Forçathe combination of a single sentence and more flexible progression of the regime could reduce the length of Bolsonaro’s stay in the closed regime from the current nearly eight years to just 2 years and 4 months. If the Senate confirms this proposal, Bolsonaro, imprisoned since November, could be free under a semi-open or open regime in 2029. The law also provides that the study and work carried out during the house arresta step that Bolsonaro has already taken, serves to reduce the days of punishment.

High tension in plenary

The atmosphere in the plenary session at dawn was very tense. The President of the House, Hugo Mottajustified this speed by arguing the need to “turn the page” and distance Congress from the “toxic polarization” of January 8. “What this Assembly did today was not to please one of the parties, but to say what is sensitive to the people who received exaggerated sentences and who did not play a central role in what happened,” Motta said, in an attempt to present the measure as a technical adjustment.

The ruling parties have called the measure a legislative attack on the justice system and a clear interference in sentences already handed down. “It was an attack on democracy,” the MP said. Talíria Petronereflecting the outrage of groups linked to Lula da Silva’s government.

On the other side, Bolsonaro’s allies, like the deputy Marcel van Hattemdefended that the text is not an amnesty, but rather a relief from the suffering of people “who did nothing”.

Former President Bolsonaro, convicted and serving a final sentence of 27 years, is the central figure in this conflict. The law would also benefit convicted senior military commanders, whose imprisonment marked a historic milestone, and participants considered to have “low participation” in January’s mass events. The project now goes to the Senate, whose president, Davi AlcolumbreHe promised speed. The last stop will be the table of President Lula da Silva, who will decide whether to veto the proposal in whole or in part, thus defining Bolsonaro’s future.