Flavio Bolsonaro vows to free Jair Bolsonaro if elected

Brazilian presidential frontrunner Flavio Bolsonaro has promised to free his father, former president Jair Bolsonaro, if he defeats President Luiz Inacio Lula da Silva in the October 25 runoff.

Flavio Bolsonaro finished first in Sunday's opening round. Jair Bolsonaro has been serving a 27-year sentence since late last year over his efforts to cling to power after losing the 2022 election to Lula. Because of recurring health issues, the 71-year-old former president is serving the sentence under house arrest in Brasilia.

During the campaign, Flavio Bolsonaro said his father would “walk up the ramp” of the presidential palace at his inauguration. His running mate, Alfredo Gaspar, told AFP that Jair Bolsonaro “needs to be free to embrace the people,” while saying the former president was not seeking a role in a potential government led by his son.

Jair Bolsonaro, his family and allies maintain his innocence. His lawyers have recently filed a new release request seeking a review of the trial that led to his conviction. They allege abuses and inconsistencies in the proceedings overseen by Supreme Court Justice Alexandre de Moraes.

The request is before Justice Kassio Nunes Marques, an appointee of Jair Bolsonaro. Marques's office told AFP he intends to submit the matter to the full court after the runoff, though the proceedings could last beyond the scheduled January 5 inauguration.

Flavio Bolsonaro has also pledged that his first act as president would be to grant his father a pardon. Thiago Bottino, a law professor at the Getulio Vargas Foundation, told AFP that a pardon could be signed “minutes after” taking office, but bureaucratic hurdles would prevent it from taking effect the same day.

Another route would be an amnesty through the legislature, where the right holds a wider majority after Sunday's election. Newly elected lawmakers will take office in January. Unlike a pardon, an amnesty would allow Jair Bolsonaro to regain his political rights, although Brazil's constitution would prevent him from running for president immediately after his son in 2030.

Flavio Bolsonaro has described himself as more moderate than his father. His campaign manager, Rogerio Marinho, told AFP that Flavio “defends Jair Bolsonaro's legacy” but is “more capable of negotiation.”