Brazil’s Supreme Court Halts Legislation That Might Lessen Jair Bolsonaro’s Coup Penalty

Brazil’s highest court has put a hold on the law that would have reduced Jair Bolsonaro’s sentence, preventing his early release while a legal dispute regarding his coup conviction is ongoing.

A judge from Brazil’s Supreme Court has halted the enforcement of a law that might have considerably shortened the prison sentence of former president Jair Bolsonaro, as stated in a court document made public on Saturday.

Justice Alexandre de Moraes determined that the measure will not be implemented until the court resolves two current legal challenges aimed at overturning it based on constitutional issues.

The legislation, which received approval last year, aimed to reduce Bolsonaro’s 27-year sentence for allegedly conspiring to stage a coup following his defeat in the 2022 election to the current president, Luiz Inácio Lula da Silva. Lawmakers indicated that the modification might have shortened his sentence to slightly more than two years and possibly facilitated his release by 2028.

The legislation also pertains to individuals found guilty in connection with the January 2023 riots, during which supporters of Bolsonaro invaded and damaged significant government structures in Brasília, such as the presidential palace, Supreme Court, and Congress.

This week, two political parties and Brazil’s press association ABI challenged the law, claiming it is unconstitutional. Last month, Brazil’s Congress had previously overridden President Lula’s veto of the measure.

Justice Moraes stated that the suspension will stay in effect until the Supreme Court delivers a final ruling on the related cases. He stated that permitting the law to advance at this point might weaken judicial review.

Bolsonaro’s legal team has not formally submitted a request for a sentence reduction in accordance with the law. They have filed a separate motion requesting a criminal review of his conviction.

The former president is presently serving his sentence under humanitarian house arrest, after being granted an initial 90-day confinement for medical reasons.

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