Politics · Brazil · 11 hrs ago
Brazil Supreme Court has stalled review of sentence-reduction law for six months
Brazil’s Supreme Court has not reviewed a sentence-reduction law for six months.
The law could benefit former president Jair Bolsonaro and others convicted over the January 8, 2023 attacks on government buildings.
Congress approved the law, and it was promulgated on May 8; lawyers then asked the court to reduce their clients’ sentences under it.
Justice Alexandre de Moraes suspended its application the next day while the court considers challenges to its constitutionality.
Bolsonaro was sentenced to 27 years and three months, and estimates say the law could reduce his time in prison to about two years and four months if upheld.
Government officials and the federal attorney general oppose the law, while Congress and the prosecutor general support it.
The case can be scheduled only after Moraes releases it for review, and if it is not heard before the court’s December recess, discussion will wait until after the recess ends in February.
Brazil’s Supreme Federal Court has not moved forward with reviewing a law that could reduce sentences for former President Jair Bolsonaro and others convicted over the January 8 attacks.
The law was promulgated on May 8, and Justice Alexandre de Moraes suspended its application the next day.
Moraes has not yet released the case for judgment, so Supreme Court President Edson Fachin cannot schedule it.
The court may review the law before its recess begins on December 20, but otherwise the discussion is expected after February.
The president’s office and the attorney general’s office oppose the law, while Congress and the prosecutor-general’s office defend its constitutionality.
- Who
- The Supreme Federal Court, with Justice Alexandre de Moraes handling the case.
- What
- Review of a sentence-reduction law has remained stalled for six months.
- When
- The law was promulgated on May 8; the court suspended its application on May 9. The report was published on November 9, 2026.
- Where
- Brazil’s Supreme Federal Court.
- Why
- Moraes suspended the law’s application while its constitutionality is being challenged. He has not released the case for judgment.
President’s office and attorney general’s office
National Congress and prosecutor-general’s office
Constitutionality
President’s office and attorney general’s office
They oppose the law, arguing that it has flaws and contradicts the Constitution.
National Congress and prosecutor-general’s office
They defend the law’s constitutionality.
Legislative authority
President’s office and attorney general’s office
They argue that the law’s reduction of sentences and changes to sentence-execution rules for crimes against the democratic state are constitutionally flawed.
National Congress and prosecutor-general’s office
They argue that the legislature has the autonomy and authority to set the country’s criminal policy.
Congress President Davi Alcolumbre promulgated the law, and lawyers for people convicted over the January 8 attacks sought sentence reductions.
Justice Alexandre de Moraes suspended the law’s application while the Supreme Court considers challenges to its constitutionality.
The court’s recess contributed to pushing the discussion into the second half of the year.
The Supreme Court is due to begin a new recess.
- Law promulgated
- May 8
- Application suspended
- May 9
- Justice handling the case
- Alexandre de Moraes
- Bolsonaro’s sentence
- 27 years and three months
- Possible prison term under the law
- About 2 years and 4 months, according to estimates cited in the report
- Court recess begins
- December 20