Legal professionals have provided detailed analysis of how the controversial legislation would reduce sentences for coup attempt participants, focusing on the technical mechanisms that achieve these reductions. The bill uses a consolidation approach that combines sentences for multiple related crimes while applying only the penalty for the most serious offense. This legal technique has significant practical implications for the hundreds of individuals who would benefit from the legislation.
The consolidation mechanism is particularly impactful in Bolsonaro’s case, where he faces multiple charges related to the coup attempt including “attempted coup” and “violent abolition of the democratic rule of law.” Under current sentencing rules, penalties for these separate crimes would be served consecutively or with limited concurrent benefits. The new legislation would change this calculation dramatically, counting only the offense with the higher sentence.
Beyond the consolidation mechanism, the legislation preserves access to standard sentence reduction programs available in the Brazilian penal system. These include credits for good behavior, participation in educational activities such as reading books, and other rehabilitation programs. Legal analysts estimate that when the consolidation mechanism is combined with these standard reduction opportunities, Bolsonaro’s minimum time in maximum-security confinement could fall from six years to just over two years.
The technical approach has drawn both criticism and praise from legal commentators. Some argue that consolidating related charges represents a reasonable approach to avoiding redundant punishment for interconnected criminal acts. Others contend that the mechanism inappropriately minimizes the severity of committing multiple distinct crimes against democratic institutions. This legal debate reflects broader political tensions about appropriate accountability for coup participants.
The legislation’s technical mechanisms would apply uniformly to all convicted individuals, not just high-profile cases like Bolsonaro’s. This means that military officers and civilians convicted in connection with the coup attempt would receive similar benefits from the consolidation approach. The comprehensive application of these technical mechanisms has raised concerns among those who believe that crimes against democracy warrant particularly severe penalties to serve as deterrents against future attacks on democratic institutions.