SAO PAULO, May 9 - Brazil’s Supreme Court Justice Alexandre de Moraes has ordered that a recently approved law that would drastically reduce former President Jair Bolsonaro’s 27-year prison sentence for plotting a coup must not be put into effect while the country’s top court considers legal challenges, a court document showed on Saturday.
Two political parties and the Brazilian press association ABI separately filed requests asking the court to annul the measure, arguing it is unconstitutional. Their petitions follow Congress’ recent move to overturn President Luiz Inacio Lula da Silva’s veto of the bill.
The contested law, approved last year, would cut Bolsonaro’s sentence to just over two years according to lawmakers who backed the measure. It would also reduce sentences for individuals convicted in connection with the January 2023 riot that saw Bolsonaro supporters invade and ransack the presidential palace, the Supreme Court and Congress.
Justice Moraes ruled that the law should remain unenforced until the Supreme Court concludes work on two judicial proceedings in which plaintiffs seek nullification of the new measure. The court order prevents implementation of the sentence reductions while those challenges are adjudicated.
Legal actions linked to the former president continue to move through Brazil’s judicial system. Bolsonaro’s lawyers have not yet formally asked the court to apply the reduced term to his sentence based on the law. Separately, on Friday they filed a motion for criminal review with the Supreme Court seeking to overturn his conviction.
Bolsonaro is currently serving his prison term under humanitarian house arrest after an initial 90-day regime was authorized on medical grounds.
Context and immediate effect
The immediate consequence of Justice Moraes’ ruling is procedural: the sentence reductions legislated by Congress will not take effect until the Supreme Court resolves pending constitutional questions. The order preserves the status quo for Bolsonaro and for those convicted over the January 2023 riot while the court addresses the challenges.
Next steps
- The Supreme Court will proceed with consideration of the two matters in which nullification of the law was requested.
- Bolsonaro’s criminal review petition remains pending after its filing with the court.