Congress Overrides Lula's Veto on Sentence Reduction Bill
Brazil’s predominantly 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 was initially passed by congress in December but was vetoed by President Luiz Inácio Lula da Silva in January, in a symbolic act marking three years since Bolsonaro supporters stormed the capital, Brasília.
On Thursday, the lower house overturned Lula’s veto with 318 votes, surpassing the 257 votes required, and the senate followed with 49 votes, exceeding the 41 needed.
Potential Sentence Reduction and Legal Implications
If a supreme court justice confirms the bill, Bolsonaro’s sentence would be reduced from 27 years and three months to 22 years and one month. A notable change would also affect the duration served in a closed regime, which legal experts estimate could decrease from between four and six years to between two and four years. This adjustment could allow Bolsonaro to transition to an open regime as early as 2028.
This development represents a second significant setback within 24 hours for President Lula, who is expected to face a tight election race in October against one of Bolsonaro’s sons, Senator Flávio Bolsonaro, who participated in the vote.
Lula’s Supreme Court Nominee Rejected
On Wednesday night, Lula experienced another political blow when the senate rejected his nominee to the supreme court, lawyer Jorge Messias, marking the first time in over 130 years that a presidential nominee was denied confirmation.
While both the veto override and the rejection of the court nominee had been anticipated to some extent, these events are widely seen as indicators that Lula, who polls show is nearly tied with Bolsonaro’s son, will face a challenging election.
Despite the veto being overturned, the reduction of Bolsonaro’s sentence will not be automatic as he remains under arrest. His legal team must file a request for a sentence review with the supreme court.
Broader Impact of the New Law
The new legislation reduces sentences not only for Bolsonaro but also for approximately 280 others convicted of attempting to overturn the 2022 election results, in which Bolsonaro was defeated by Lula.
Lula has yet to comment on the congressional decision. When he vetoed the bill in January, he stated:
“This man [Bolsonaro] must remain in prison.”
He added that reducing sentences for an attempted coup would encourage similar crimes in the future.
Supreme Court Vacancy and Political Dynamics
President Lula has not announced whether he will nominate a new candidate for the vacant supreme court seat.
His previous nominee, Jorge Messias, who is the government’s current solicitor general, delivered an anti-abortion speech during his senate hearing. This was perceived as an attempt to appeal to evangelical voters, who constitute 26.9% of the population and have predominantly supported Bolsonaro.
The senate had not rejected a presidential nominee since 1894. The rejection 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 favored by Alcolumbre.
Alcolumbre has reportedly told close allies that he will only permit a new confirmation hearing after the election. Should Flávio Bolsonaro win, combined with the number of justices expected to retire in the next four years and two justices previously appointed by Jair Bolsonaro, the Bolsonaro family could secure a majority of six out of the supreme court’s 11 justices.
