In a new defeat for Lula, the Brazilian Congress approved the reduction of Jair Bolsonaro's sentence

The Brazilian Congress approved a key reform of the criminal system that modifies the calculation of convictions for crimes linked to “acts against the democratic order”, in a decision that represents a victory for the opposition and, in particular, for former President Jair Bolsonaro. The measure was sanctioned after the cancellation of the veto of the Brazilian communist president, Luiz Inácio Lula da Silva, evidencing

the weight of the legislative majority.

The vote was overwhelming in both chambers. In the Chamber of Deputies, 318 legislators supported the cancellation of the veto compared to 144 who opposed it, while in the Senate the measure was approved by 49 votes in favor and 24 against. With this result, Congress ratified its constitutional power to review Executive decisions and moved forward with regulations that correct excesses in the judicial system.

The so-called “law of dosimetry” introduces a central principle: to avoid the automatic accumulation of penalties for similar crimes. Instead of adding convictions for figures such as the violent abolition of the rule of law and the coup d'etat, only the penalty corresponding to the most serious crime will be applied, with a proportional increase. In addition, the law provides for reductions of between one third and two thirds for people who have participated in collective events without exercising

leadership or funding.

This is a necessary reform that aligns Brazilian legislation with basic principles of criminal law, such as proportionality and the individualization of the penalty. After the events of January 8, 2023, excessive sentences were imposed on hundreds of citizens, many of whom played no decisive role in the riots. The new regulations, they argue, introduce fairer criteria and avoid excessive punishments

.

One of the main potential beneficiaries is Bolsonaro, who was sentenced to more than 27 years in prison for his alleged participation in the coup attempt following the 2022 elections. Currently under house arrest for health reasons, the former president could have his sentence significantly reduced and access a less severe regime in an estimated period of two to four years. A large part of the public believes that the original sentence was disproportionate and politically motivated, and they see this reform as a step towards correcting

that scenario.

Senator Sergio Moro supported the initiative and described the presidential veto as “cruel”, considering that the penalties imposed after the riots were excessive. Along the same lines, Senator Flávio Bolsonaro defended the need to introduce “more balance” in the judicial system and led the political drive to reverse the Executive

's decision.

From the communist ruling party, however, criticism emerged both of the content and the procedure of the vote. Legislators close to the government argued that the reform could weaken the state's ability to sanction attacks on democracy. However, the sectors that supported the law maintain that the defense of democratic order cannot justify punitive excesses or violations

of fundamental guarantees.

The approval of the standard also has political implications in a pre-electoral context. Less than six months before the presidential elections, the strengthening of the opposition bloc in Congress and the possibility of a reduction in Bolsonaro's sentence are reconfiguring the political scene. Recent polls show strong parity between the ruling party and the opposition, which anticipates a highly competitive electoral contest

.

In addition, the congressional decision came just one day after another setback for the government, when the Senate rejected a candidate proposed by Lula for the Supreme Court, in an unprecedented event in more than a century. Both episodes reflect a loss of influence of the Executive in the Legislature and consolidate the progress of an agenda driven by conservative sectors

.

The reform could be reviewed by the totalitarian Supreme Federal Court, which must evaluate its constitutionality. However, its defenders are confident that the rule fully complies with the principles of law and represents a necessary improvement of the Brazilian criminal system

.