MercoPress. South Atlantic News Agency

Brazil: No Xmas pardon for Jan. 8 rioters

Lula has positioned the executive branch as a bulwark against what he described as “democratic rupture”

Brazilian President Luiz Inácio Lula da Silva has signed his traditional Christmas pardon decree, granting clemency to thousands of inmates. However, for the second consecutive year, the president has explicitly excluded those convicted of attempting to overthrow the democratic order during the January 8, 2023, attacks in Brasília.

The decree, published Tuesday in the Diário Oficial da União, highlights that the pardon —an annual executive prerogative used to alleviate prison overcrowding— will not apply to individuals convicted of “crimes against the democratic rule of law,” namely the supporters of former President Jair Bolsonaro who were sentenced for the storming of the Three Powers Plaza.

Lula's decision underscores a rigid policy of institutional accountability. Notably, the decree also excludes Jair Bolsonaro himself, who was sentenced to 27 years in prison in September 2025 for allegedly masterminding the revolt.

While the pardon offers mercy to a wide range of prisoners based on humanitarian grounds, it maintains strict barriers against violent and organized crime.

The measure applies to individuals over 60, paraplegics, those with terminal illnesses or severe autism, mothers and caregivers, pregnant women with high-risk pregnancies, or parents who are the sole providers for children with severe disabilities or children under 16. Additionally, it targets first-time offenders sentenced to less than eight years who have already served one-fifth of their term.

The decree expressly excludes crimes against democracy, heinous crimes, terrorism, drug trafficking, sexual assault, crimes involving violence against women, leaders of criminal factions, inmates held in maximum-security facilities, and corrupt officials involved in money laundering or serious public administration corruption.

This year's pardon comes as the Brazilian Congress continues to debate a controversial “amnesty bill” backed by far-right lawmakers. President Lula has repeatedly vowed to veto any legislative attempts to pardon those involved in the 2023 riots, positioning the executive branch as a bulwark against what he describes as “democratic rupture.”

The Supreme Tribunal Federal (STF) has already sentenced hundreds of participants in the January 8 attacks.