Moraes Criticized for Suspending Law on Jan. 8 Attackers, Praised by Allies

In a significant judicial move, Brazil's Supreme Court Justice Alexandre de Moraes has suspended a recently enacted law aimed at reducing sentences for individuals convicted in the January 8th, 2023, coup attempts. The law, passed by Congress and promulgated by Senate President Davi Alcolumbre after President Lula's veto was overturned, sought to alter sentencing guidelines. However, Moraes, as the rapporteur for the cases, has halted its immediate application, pending a full court review of its constitutionality.

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The National Congress approved a law. The law was promulgated. The law was published. The law is in effect. And even so, it ceases to be applied by an individual decision based on a bureaucratic suspension until a future trial in the Supreme Court.

This decision has drawn sharp criticism from the legal representatives of the convicted individuals. Helio Junior, a lawyer for several defendants, decried the suspension as a "bureaucratic suspension" that overrides a law duly passed and in effect. He argued that the justice system should apply a more beneficial penal law immediately, a principle historically upheld in Brazil. The move is seen by some as an attempt to circumvent the legislative process and deny the intended benefits of the new law to those affected.

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Instead of allowing the immediate application of a more beneficial criminal law—something historically guaranteed by the legal system—it was chosen to prevent its effects even before a final decision by the plenary.

Conversely, government allies and supporters of the judiciary's role in safeguarding democracy have lauded Moraes's action. Leaders from the Workers' Party (PT), such as Pedro Uczai and Lindbergh Farias, celebrated the decision as a crucial check and balance, preventing a law perceived as tailored to benefit those who attacked democratic institutions from taking immediate effect. They view Moraes's intervention as a necessary measure to protect the rule of law and uphold the integrity of Brazil's democratic framework against perceived threats.

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The decision preserves legal certainty and prevents a legislative change made to order from producing immediate effects to reduce the penalties for those who attacked democracy, invaded institutions, and tried to overturn the election results. Congress can legislate, but it cannot use the law as a shield for those who tried to stage a coup d'état.