Brazil's largely conservative congress has approved a bill that reduces the prison sentence of former far-right President Jair Bolsonaro, who was convicted last year of attempting a coup. The bill, initially passed by congress in December, was vetoed by President Luiz Inácio Lula da Silva in January, marking three years since Bolsonaro supporters stormed the capital, Brasília.
During a session on Thursday, the lower house overturned the veto with 318 votes, well above the required 257, and the senate followed with 49 votes, exceeding the needed 41. If confirmed by a supreme court justice, Bolsonaro's sentence would drop from 27 years and three months to 22 years and one month. Additionally, the time served in a closed regime could decrease from an estimated four to six years to between two and four years, potentially allowing the former president to move to an open regime as early as 2028.
This development marks a second major blow for the leftwing president in less than 24 hours. Lula, who will seek re-election in October against one of Bolsonaro's sons, Senator Flávio Bolsonaro, suffered a historic defeat on Wednesday night when the senate rejected his nominee to the supreme court, lawyer Jorge Messias. This was the first time in over 130 years that a president's supreme court nominee was rejected.
Although both the veto override and the court nominee rejection were anticipated to some extent, they are widely interpreted in Brazil as further evidence that Lula will face a difficult election. Polls show him virtually tied with Bolsonaro's son.
Despite the overturning of Lula's veto, Bolsonaro's sentence reduction will not be automatic; his lawyers must file a request for a sentence review with the supreme court. The new law also reduces sentences for about 280 others convicted over the attempted coup to overturn the 2022 election results, in which Bolsonaro lost to Lula.
Lula has not yet commented on the decision. When he vetoed the bill in January, he stated that reducing sentences for an attempted coup would encourage similar crimes in the future, saying, "This man [Bolsonaro] must remain in prison."
The president has also not announced whether he will put forward a new nominee for the vacant supreme court seat. His previous nominee, Messias, who is the government's current solicitor general, delivered an anti-abortion speech during his senate hearing, seen as an attempt to appeal to evangelical voters, who make up 26.9% of the population and have overwhelmingly backed Bolsonaro.
The senate had not rejected a presidential nominee since 1894. The decision is widely attributed to an agreement between Senate President Davi Alcolumbre and the opposition led by Flávio Bolsonaro, as well as retaliation for Lula's refusal to nominate a candidate backed by Alcolumbre. Alcolumbre has reportedly told close allies that he will only allow a new confirmation hearing after the election. If Flávio Bolsonaro wins, and given the number of justices expected to retire in the next four years, along with two previously appointed by his father, the Bolsonaro family could secure a majority of six out of the court's 11 justices.
