Brazil’s Senate has approved a bill that could sharply reduce the prison sentence of former president Jair Bolsonaro, a move that is expected to face strong opposition from President Luiz Inácio Lula da Silva and the Supreme Court.
The legislation, passed by 48 votes to 25, would shorten Bolsonaro’s 27-year sentence to just over two years. It now goes to President Lula, who has not said whether he will sign it into law or veto it. Members of Lula’s government have already signalled they are against the measure.
Bolsonaro began serving his sentence last month after being convicted of plotting a coup following his defeat in the 2022 presidential election.
The bill had already been approved by Brazil’s lower house last week and also introduces sentence reductions for people convicted over their roles in the January 2023 riots in Brasília, when Bolsonaro supporters stormed the presidential palace, Congress and the Supreme Court.
Supporters of the bill argue it is aimed at promoting national reconciliation. Senator Esperidião Amin, who sponsored the legislation in the Senate, described it as “part of our path to peace” after the vote.
However, critics say the measure undermines accountability for attacks on Brazil’s democracy. Around 2,000 people were arrested following the Brasília riots, which were widely compared to the January 2021 attack on the U.S. Capitol.
Many of those involved have since been convicted by the Supreme Court of attempting a coup and other serious crimes.
The bill changes how sentences are calculated, limiting cumulative punishments for multiple offences and allowing reduced sentences for people who took part in crowd actions but were not organisers or financiers.
Bolsonaro’s eldest son, Senator Flávio Bolsonaro, welcomed the Senate’s decision, saying it was not ideal but reflected what was politically possible.
Government ministers and lawmakers allied with President Lula have strongly criticised the bill. Institutional Relations Minister Gleisi Hoffmann said those who attacked democracy “must pay for their crimes” and warned the government would oppose the measure.
There are also signs the bill could be challenged in court. Lula’s Workers’ Party has indicated it may appeal to the Supreme Court, raising further uncertainty over whether the legislation will ultimately take effect.
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