Chamber approves sentence reduction for Bolsonaro and others convicted of attempted coup

The Chamber of Deputies approved in the early hours of this Wednesday (10) the basic text of the project that reduces sentences for those convicted of crimes related to coup acts, including the attack on January 8, 2023. The vote took place at 2:26 am and the proposal now goes to the Senate for analysis.

The project, known as PL da Dosimetria, could benefit former president Jair Bolsonaro, sentenced to 27 years and 3 months for an attempted coup d’état. According to calculations by the team of rapporteur Paulinho da Força (Solidariedade-SP), The prison sentence would fall to around 2 years and 4 months if the text becomes law.

The decision to discuss the matter surprised party leaders. The announcement was made on Tuesday morning (9) by the president of the Chamber, Hugo Motta (Republicanos-PB), on a day marked by turmoil in the plenary. In the afternoon, deputy Glauber Braga (PSOL-RJ) took the presidential chair in protest against possible impeachment and was forcibly removed by legislative police officers. During the confusion, the Chamber interrupted the TV broadcast and removed the press from the plenary, in an unprecedented decision.

The rapporteur stated that the text reduces sentences, but does not annul convictions. “We are not giving amnesty. There is no amnesty. People will continue to pay,” Paulinho told TV Globo. He argued that the changes discourage further attacks on democracy. Government parliamentarians, however, see a risk of impunity in the face of recent decisions by the Federal Supreme Court (STF).

The project establishes that the crime of coup d’état now absorbs the crime of violent abolition of the Democratic Rule of Law, which, in Bolsonaro’s case, would reduce the sentence by 6 years and 6 months. The proposal also provides for regime progression after serving one-sixth of the sentence, below the current criterion of one-quarter. Furthermore, convicts who served house arrest with an ankle bracelet could deduct part of their sentence for days worked — every three days, one would be deducted.

Paulinho said he had discussed the text with party leaders and members of the STF and stated that he believed that any challenge in the Court would not prosper. The rapporteur also said that he had presented the proposal to senator Flávio Bolsonaro (PL-RJ), but stated that he did not know whether the former president was informed.

Bolsonaro has been in prison since November 22, after violating his electronic ankle bracelet during house arrest. Minister Alexandre de Moraes considered that there was an attempt to escape and ordered preventive detention. The conviction was declared final on November 25th.

The president of the Senate, Davi Alcolumbre (União-AP), stated that the project should be voted on by the House by the end of the year. President Luiz Inácio Lula da Silva will still be able to veto the text, in whole or in part, if it is approved.