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Brazil Supreme Court justices push to cut Bolsonaro's sentence

Three justices say colleagues want Moraes to schedule a case that could shorten Bolsonaro's sentence before a Senate with a large Bolsonaro-aligned majority.

Brazil's Supreme Federal Court building in Brasília, where justices discuss Jair Bolsonaro's sentence
Photo: Isac Nóbrega / CC BY 2.0 (Alexandre de Moraes)

Behind the scenes at Brazil's Supreme Federal Court (STF), the country's highest court, pressure has reached the desk of Justice Alexandre de Moraes. According to journalist Monica Bergamo, who spoke with three justices on the court, some of Moraes's colleagues want him to schedule a case that could reduce the sentence of former president Jair Bolsonaro, Brazil's president from 2019 to 2022. The report was relayed by Topic News.

Why the Supreme Court is moving on Bolsonaro's sentence

The reason, according to the justices quoted, has a clear timeline: the incoming Senate will have a large Bolsonaro-aligned majority. The court, the report says, wants to ease tensions before that new political scenario takes hold.

A deadline for Bolsonaro's closed-regime prison term

The idea under discussion is to apply new rules for serving sentences. That would set a deadline for the end of Bolsonaro's time in closed-regime prison, the strictest form of custody in Brazil's penal system.

The justices consulted also believe the measure would weaken proposals for a full amnesty, because it would offer an intermediate alternative.

Congress: 49 incoming senators back impeaching justices

The mood in Congress is one of confrontation. At least 49 lawmakers in the future Senate clearly support the impeachment of STF justices. In Brazil, the Senate is the body that judges impeachment requests against Supreme Court justices. In other words, according to the reporting, the court sees its own seats in the crosshairs.

The criminal review Bolsonaro requested

Reducing the sentence would also ease pressure on the Supreme Court to move quickly on the criminal review requested by Bolsonaro. A criminal review is a procedure that could re-examine the entire conviction. A decision on the sentence could be the first step in a much bigger turn, the report suggests.

Moraes waits for the right moment

For now, Moraes has not commented on the matter, even though he would be the main target of any impeachment request in the next legislative term. The expectation is that he will decide at a strategic moment, with an eye on the new political landscape taking shape in the National Congress.

Why it matters

Bolsonaro remains the central figure of Brazil's right, and the future of his sentence is tied to the debate over amnesty and to the balance of power between the Supreme Court and Congress. The report shows how a change in the makeup of the Senate is already influencing discussions inside the court.

VDD Analysis

The episode exposes an uncomfortable reality: when the balance of power shifts in Congress, the robe starts doing the math. For those who defend legal certainty, the demand is simple. Justice must apply the law equally to everyone, with decisions grounded in the merits of each case, not calibrated by fear of a Senate that has changed sides.

Translated and adapted from the original report by Visão da Direita (Portuguese). Read the original in Portuguese · Leer en español

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