Lula is advised to grant clemency and reduce Bolsonaro's sentence

Measure would prevent National Congress from focusing on amnesty bill and would stop crisis with STF

Lula is advised to grant clemency and reduce Bolsonaro's sentence

TL;DR

  • Associates of President Lula are exploring legal alternatives to shorten Jair Bolsonaro's prison sentence, which is over 27 years for attempted coup.
  • The strategy aims to pacify the political scene, prevent amnesty proposals in Congress, and avoid distracting from the executive branch's priorities.
  • An additional goal is to disarm opposition attacks against the Supreme Court, specifically impeachment requests targeting Minister Alexandre de Moraes.
  • While Lula cannot grant amnesty, the Constitution allows for clemency (indulto), grace (graça), or commutation of sentences for humanitarian reasons.
  • These measures would halt the execution of the penalty but not erase the secondary effects of the conviction.
  • Another path involves the government filing a Constitutional Declaratory Action to validate a law passed by Congress that reduces sentences for the January 8th defendants, including Bolsonaro.
  • This law's effects are currently suspended by Minister Alexandre de Moraes, and any sentence reduction would require dialogue between the Planalto Palace and the Supreme Court.