Understand what the amnesty for those convicted on January 8th defended at Bolsonaro’s event is

One of the central themes of the pro-Bolsonaro demonstration on Avenida Paulista that took place this Saturday, the 7th, was the amnesty for the coup plotters convicted of the attacks on the Three Powers, on January 8, 2023.

The benefit, which guarantees a pardon to criminals who vandalized public buildings, was defended by former president Jair Bolsonaro (PL), by the governor of São Paulo, Tarcísio de Freitas (Republicans), and by other figures who spoke at the event.

A bill that advocates the pardon of those convicted of anti-democratic acts, known as the “Amnesty Bill,” is already being processed in Congress. A close ally of Bolsonaro, the president of the Constitution and Justice Committee (CCJ) of the Chamber of Deputies, Caroline de Toni (PL-SC), placed the issue on the agenda of the session next Tuesday, the 10th. On the same day, another session of the CCJ is expected to vote on a package of Proposed Amendments to the Constitution that limit the powers of the Supreme Federal Court (STF) – which was also a priority target during the demonstration this Saturday, mainly with attacks on Minister Alexandre de Moraes.

Bolsonaro had already advocated pardoning the coup plotters at another event he held on Paulista Avenue in February. This Saturday, the former president returned to the subject and called the January 8th event a “set-up.” He also said that the invasion of the Planalto Palace, the National Congress and the Supreme Federal Court (STF) “was never a coup d’état.”

“God wanted me to leave the country on December 30th. Something was going to happen. I had this feeling, but I didn’t know it would be like that,” said Bolsonaro, classifying the episode of vandalism as a “catharsis.”

“That was never a coup d’état and we are still seeing people being tried and convicted as members of an armed group that aimed to change our Democratic State of Law. And I feel sorry for these people who were arrested,” concluded the former president, reinforcing the need for the Chamber to approve amnesty for those arrested on January 8.

Tarcísio de Freitas, in turn, stated that amnesty would be a “political remedy” for those convicted of vandalism in Brasília. “Today we are here, once again in the arena, once again out of devotion, for a cause. We are here to make a difference: and our cause today is freedom, it is amnesty for those who were disproportionately and cruelly punished. Amnesty, yes,” stated the governor of São Paulo.

Other Bolsonaro allies who spoke on Saturday also addressed the topic, such as congressman Eduardo Bolsonaro (PL-SP), who mentioned Bahian businessman Cleriston Pereira da Cunha, who died after falling ill in prison, and Débora Rodrigues dos Santos, reported to the STF for being caught writing the phrase “You lost, idiot” on the statue of Justice, during anti-democratic attacks in Brasília.

The theme was also present on the t-shirts of allies, such as senators Flávio Bolsonaro (PL-RJ) and Magno Malta (PL-ES), who wore the phrase “Amnesty now! Prisoners on January 8th”.

Until the beginning of this year, the bill being processed by the CCJ was reported by Congresswoman Sâmia Bomfim (PSOL-SP), who had already released an opinion rejecting the amnesty. However, the parliamentarian was left out of the Committee this year and the report was passed to Congressman Rodrigo Valadares (União-SE), at the suggestion of Caroline de Toni.

As shown by the StateValadares’ choice was part of an effort by the leader of União Brasil in the Chamber of Deputies, Elmar Nascimento (BA), as a gesture of rapprochement with Bolsonaro supporters amid his campaign to succeed Arthur Lira (PP-AL) as president of the House. Valadares is a Bolsonaro supporter, but also an exponent of a Centrão party, with ease in moving even between parties that support President Luiz Inácio Lula da Silva (PT). The deputy has not yet submitted an opinion.

What is amnesty?

Provided for in the Brazilian Penal Code, amnesty is a way of extinguishing the punishability of a crime. In other words, it is the granting of a pardon for a crime committed by a Brazilian or group of Brazilians.

The Brazilian Constitution states that heinous crimes are not eligible for amnesty. This list includes crimes such as homicide, child trafficking, rape, genocide, torture, drug trafficking and terrorism.

The vandals who have already been convicted for the January 8th attacks were sentenced based on armed criminal association, violent abolition of the Democratic State of Law, attempted coup d’état, qualified damage and deterioration of listed heritage. None of these are considered heinous, which opens the way for the proposal discussed in the Chamber and defended by Bolsonaro supporters at Saturday’s demonstration.

How is amnesty approved?

To be valid, the amnesty for those convicted of the January 8 attacks must be approved by the National Congress. First, the matter must be approved by the Chamber of Deputies and then by the Senate. Once approved by both houses, it must still be approved by the President of the Republic.

Amnesty is not uncommon in Brazilian political history. In 1979, former president João Figueiredo, the last president of the military dictatorship (1964-1985), signed a pardon that affected 4,650 people. The beneficiaries were those who committed political crimes, politically or electorally motivated crimes, as well as common crimes related to political crimes, between September 2, 1961 and August 15, 1979. The privilege was extended to military personnel who committed crimes of torture and murder during the regime.

According to constitutional law professor Felippe Mendonça, the political process required to approve an amnesty, which involves Congressional approval and presidential sanction, makes it unlikely that the benefit will be granted.

“Even if we had a right-wing president, he would probably only grant amnesty in this case on the last day of his term, to avoid political wear and tear,” he said.