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Brazilian Supreme Court Justice Alexandre de Moraes suspends use of law to reduce prison sentences, pending further review.

Brazilian Supreme Court Justice Alexandre de Moraes has barred the implementation of a law that could dramatically reduce the prison sentence of former President Jair Bolsonaro for involvement in a coup plot after his loss in the 2022 election.

De Moraes ordered the law’s suspension on Saturday until the Supreme Court can convene a full hearing to consider appeals challenging its constitutionality.

Bolsonaro’s conviction for involvement in a plot to remain in office after losing to left-wing rival Luiz Inacio Lula da Silva in 2022 has become a cause celebre for the country’s political right, which has pushed for Bolsonaro’s release from prison.

The Supreme Court sentenced the former far-right president to 27 years in prison in September, but a law passed by Brazil’s conservative-majority Congress in December would apply to Bolsonaro and others convicted in the plot, paving the way for reductions in their sentences.

President Lula vetoed the bill in January, but a vote led by Bolsonaro’s allies in Congress overrode the veto in late April.

Plaintiffs have subsequently asked the Supreme Court to overturn the bill, stating it is unconstitutional.

Lawyers for those convicted must file individual requests for sentence reduction. The ruling by de Moraes essentially suspends such requests until the court has had the opportunity to decide on the law’s constitutionality.

Lawyers for the 71-year-old Bolsonaro filed a new appeal to the Supreme Court on Friday, asking it to overturn what they called a “miscarriage of justice”.

Bolsonaro’s conviction and sentencing remain a matter of controversy in Brazil, where his allies have decried it as a political witch-hunt.

Opponents have welcomed it as a necessary form of accountability, from which not even former presidents are exempt.

May 1 (UPI) — Brazil’s Congress approved legislation that could significantly reduce prison sentences for former President Jair Bolsonaro and several supporters convicted over the 2023 attempted coup.

Both chambers of Congress voted Thursday by wide margins to overturn a veto by President Luiz Inácio Lula da Silva, allowing changes to how sentences are served for crimes linked to coup attempts.

Local media described the vote as further evidence of tensions between Lula’s government and a Congress dominated by conservative factions.

Newspapers, including Estadão and Folha de S.Paulo, said lawmakers dealt a “double blow” to Lula in less than 24 hours after the Senate also rejected, for the first time in 130 years, a presidential nominee for Brazil’s Supreme Court.

The legislation would directly benefit Bolsonaro, who was sentenced to 27 years in prison for leading the alleged coup plot, as well as dozens of former officials and hundreds of demonstrators linked to the Jan. 8, 2023, assault on government institutions in Brasília.

After the congressional vote, Sen. Flávio Bolsonaro, the former president’s son and a presidential candidate, wrote on X that the decision “is the first step toward full justice for the political persecution victims of Jan. 8.”

“The defeat of the Workers’ Party is the victory of Brazil,” he added.

The measure focuses on changes to sentencing rules. By overturning Lula’s veto, lawmakers established that convicts would no longer serve cumulative sentences for each individual offense, such as criminal association or damage to public property.

Instead, courts would apply only the sentence tied to the most serious crime, sharply reducing total prison time.

In Bolsonaro’s case, the change would cut his sentence from 27 years to a maximum of 12 years. Under Brazilian law, inmates may qualify for legal benefits after serving part of their sentence, potentially allowing the former president to seek parole or the end of his house arrest within an estimated two to four years.

The law is expected to face challenges before the Supreme Federal Court on grounds that Congress may have overstepped judicial authority and violated constitutional principles by altering sentences tied to crimes against the state.

While the court reviews the measure’s constitutionality, judges could suspend its implementation, preventing any immediate reduction of Bolsonaro’s sentence until a final ruling is issued.

Bolsonaro, who has been under temporary humanitarian house arrest since March 27 after suffering bilateral pneumonia, was admitted Friday to DF Star Hospital in Brasília after authorization from Supreme Federal Court Justice Alexandre de Moraes, according to local outlet G1 Globo.

The 71-year-old former president is scheduled to undergo shoulder surgery to repair a torn rotator cuff and related injuries.

The judicial developments come amid early campaigning ahead of Brazil’s October presidential election, where Flávio Bolsonaro is emerging as Lula’s main challenger. Several polls show the two tied in a potential runoff election.