Brazil's Supreme Court Justices: Amnesty for Bolsonaro Illegal, Predicted to Fail

Former congressman Daniel Silveira's pardon veto reinforces view that crimes against democracy aren't eligible for benefits

Brasília

Supreme Court (STF) justices assert behind the scenes that there is no chance for a possible amnesty for Jair Bolsonaro (PL) or those convicted for involvement in the January 8 attacks to be valid and implemented to absolve the former president and his allies from potential trial in the court.

In private conversations, justices assess that the former president's proposal for Congress to approve such a measure is another tool to rally the Bolsonaro base and pressure the court. They say that an amnesty, even if approved by Congress, would have no practical effect because it would surely be annulled by the Supreme Court.

São Paulo, SP, BRASIL, 25/02/2024: Pro-Bolsonaro Rally on Avenida Paulista (Foto: Bruno Santos/ Folhapress)

Supreme Court members assert privately that the precedent set in the annulment of the pardon granted to former congressman Daniel Silveira is a parameter to analyze the case and indicate that the court would have a comfortable majority to invalidate an amnesty.

At the time, the court decided that crimes against democracy are not eligible for amnesty, clemency, or pardon.

Thus, Bolsonaro could be granted amnesty in a congressional project regarding the investigation of the jewels and the forgery of a vaccination document, for example, but not in the case investigating a plot to impose a coup d'état to prevent President Lula (PT) from taking office after the 2022 elections.

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