Brazil’s congress has passed controversial legislation reducing sentences for coup attempt participants, despite strong opposition from President Lula da Silva. The bill would significantly cut the 27-year prison term of former President Jair Bolsonaro for orchestrating the failed attempt to overturn the 2022 election results. The legislation received final senate approval on Wednesday after passing the lower house the previous week.
President Lula has vowed to veto the measure, stating that those who commit crimes against democratic institutions must face appropriate consequences. However, the president acknowledged the political reality that the conservative-majority congress has the constitutional authority to override his veto. This sets up a potential showdown between the executive and legislative branches over the proper response to attacks on democracy.
The technical mechanism of the legislation would reduce Bolsonaro’s minimum time in maximum-security confinement from six years to just over two years. This is achieved by consolidating sentences for multiple related crimes and applying only the penalty for the most serious offense. Standard sentence reduction programs for good behavior and educational activities would provide additional benefits under this framework.
Bolsonaro is currently serving his sentence in a special cell at federal police headquarters in the capital city, where security arrangements accommodate his status as a former head of state. His legal team is pursuing authorization for him to undergo hernia surgery, adding a medical dimension to his incarceration situation. The family’s public statements have balanced disappointment at not achieving complete amnesty with satisfaction at securing partial relief.
The legislation’s impact extends to all individuals convicted in connection with the coup attempt, including high-ranking military officers who were convicted for the first time in Brazilian history of attempting to overthrow the government. Hundreds of civilians who participated in violent attacks on government buildings in January 2023 would also benefit from reduced sentences. This comprehensive scope has alarmed those who view strong sentences as essential for deterring future attacks on democratic institutions.