Brazil's Lower House Approves Bill to Reduce January 8 Riot Sentences, Potentially Impacting Bolsonaro

Brazil's Lower House Passes Controversial Sentencing Bill

Brazil's lower house of Congress, the Chamber of Deputies, has approved a bill that could substantially reduce prison sentences for individuals convicted in connection with the January 8, 2023, riots. The legislation, passed in a 291-148 vote, now proceeds to the Senate for further consideration. This development carries significant implications, particularly for former President Jair Bolsonaro, whose current 27-year-and-three-month sentence for attempting a coup could be drastically shortened.

Background to the January 8th Riots

The events of January 8, 2023, saw thousands of supporters of former President Jair Bolsonaro storm and vandalize key government buildings in Brasília, including the National Congress, the Supreme Federal Court, and the Planalto Presidential Palace. The rioters sought to violently overturn the results of the 2022 presidential election, which saw Luiz Inácio Lula da Silva inaugurated as president just a week prior. The attacks, which drew international condemnation, resulted in numerous arrests and subsequent convictions, with many individuals receiving sentences ranging from 15 to 17 years.

Details of the 'Dosimetry Bill'

The newly approved legislation, referred to as a 'dosimetry bill,' introduces changes to how sentences are calculated for 'crimes against democracy.' Instead of cumulatively stacking full sentences for multiple offenses, the bill proposes that judges start with the harshest crime and then add smaller increments for other related offenses, resulting in a lower total sentence. Additionally, the bill aims to reduce the minimum time inmates must serve in a strict closed prison regime and would apply retroactively, necessitating a recalculation of existing sentences under the new guidelines. The bill's sponsor is lawmaker Paulinho da Força.

Potential Impact on Sentences

The most notable potential beneficiary of this bill is Jair Bolsonaro, who was convicted for a scheme to prevent President Lula da Silva from taking office. While his current sentence stands at over 27 years, some lawmakers suggest the bill could reduce his prison time to approximately 20 years, or even as low as two years and four months. His period in the toughest prison regime could also shrink from nearly seven years to just over two. Beyond Bolsonaro, the bill could also grant parole to approximately 100 Bolsonaro supporters already imprisoned for their involvement in the January 8th assault.

Political Reactions and Next Steps

The bill's passage through the lower house was marked by contentious debate and scuffles, reflecting the deep political divisions within Brazil. While supporters of the bill, largely allies of Bolsonaro, advocate for it as a measure of 'proportional justice' and reconciliation, critics express concerns that it could be perceived as legitimizing violent pressure on democratic institutions. President Luiz Inácio Lula da Silva has previously indicated that he would veto the measure if it reaches his desk. The bill now faces a critical review in the Senate, where its fate remains uncertain, and constitutional challenges are widely anticipated.