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Bolsonaro to Face Trial in Brazil Over Alleged Coup Attempt
SAO PAULO – Brazil’s Supreme Court has unanimously decided that former President Jair Bolsonaro and seven allies will be prosecuted on multiple charges, including accusations of orchestrating a coup following his defeat in the 2022 election. The panel’s ruling initiates a trial phase where evidence will be examined, potentially supplemented, and testimonies heard. Legal experts suggest Bolsonaro could face a lengthy prison sentence if convicted, possibly up to 40 years, though procedural rules might reduce actual time served.
Charges Against Bolsonaro
The ex-president is slated to be tried on five counts:
- Attempting to stage a coup
- Involvement in a criminal organization with armed elements
- Seeking to violently subvert the democratic rule of law
- Damage to state assets through violence and significant threats
- Desecration of listed heritage sites
These accusations stem from an indictment presented by Prosecutor-General Paulo Gonet, based on a federal police investigation. The probe implicated Bolsonaro as the leader of a criminal network allegedly active since at least 2021.
Furthermore, Gonet accused Bolsonaro of endorsing a scheme that purportedly included poisoning his successor, current President Luiz Inácio Lula da Silva, and assassinating Supreme Court Justice Alexandre de Moraes.
Trial Timeline and Procedures
While a specific date for the commencement of the trial remains pending, the presiding judge of the Supreme Court panel is anticipated to establish the procedural schedule in the coming days.
Eloísa Machado, a law professor at Fundacao Getulio Vargas university in Sao Paulo, explained the upcoming phase. “The evidentiary stage of the criminal case begins, encompassing defendant interrogations, witness statements, and additional procedures like expert analyses,” Machado stated. She noted many of these actions would be managed by assisting judges.
“Subsequently, the assigned justice will prepare a report and request a trial date,” Machado elaborated. “Following this stage, both prosecution and defense lawyers will present their concluding arguments before the court deliberates on whether to acquit or convict.”
Bolsonaro’s legal team had unsuccessfully sought to move the case to the full 11-justice Supreme Court, a maneuver that could have extended the process significantly. This request was rejected.
The Judges in Bolsonaro’s Trial
Bolsonaro will be judged by one of the Supreme Court’s two standing panels of five justices. Significantly, none of the current panel members were appointed by Bolsonaro during his presidency.
Justice de Moraes, as the designated rapporteur for the case, initially brought the charges before the panel on which he serves.
The remaining four justices are:
- Cármen Lúcia: Known for a stringent stance in criminal matters.
- Cristiano Zanin: Panel chairman and former attorney for Lula (2013-2023).
- Flávio Dino: Appointed by Lula in 2023, previously served as Justice Minister.
- Luiz Fux: Chief Justice of the court from 2020 to 2022, regarded as a moderate figure.
Potential Jail Time for Bolsonaro
Brazilian law dictates that imprisonment occurs only after all avenues of appeal are exhausted and a final conviction is secured.
As the highest court for cases involving public officials, the Supreme Court of Brazil has the ultimate authority in Bolsonaro’s legal proceedings.
However, any actions by the former president perceived as obstructing the court’s ability to deliver a verdict, such as seeking refuge in a foreign embassy, could lead to his arrest prior to the trial’s conclusion.
Bolsonaro’s Response
Bolsonaro, already barred from seeking public office until 2030 due to abuse of power and discrediting the electoral system, maintains his innocence and alleges political persecution.
“If I am jailed, it will create significant challenges for you,” Bolsonaro remarked following Wednesday’s Supreme Court decision.
Historical Context: Trials of Brazilian Presidents
Lula faced corruption and money laundering convictions in 2017, initially sentenced by a lower court judge, Sergio Moro. His sentence was subsequently upheld, and he served over a year and a half in prison before release following a Supreme Court ruling against pre-exhaustion imprisonment.
In 2021, the Supreme Court overturned Lula’s conviction citing bias on Moro’s part, who later became Bolsonaro’s Justice Minister.
Michel Temer, president from 2016-2018 after Dilma Rousseff’s impeachment, was acquitted in 2024 of corruption and money laundering. He faced brief arrest in 2019 related to contracts involving state-run Eletronuclear during his vice presidency.
Fernando Collor, president from 1990-1992 (impeached), received an eight-year, ten-month prison sentence in 2023 for corruption at BR Distribuidora. The Supreme Court affirmed this sentence, but Collor has yet to be incarcerated.
Unprecedented Trial for Military Officials
The inclusion of high-ranking military figures in a Supreme Court trial marks a significant departure. Brazil’s democratic transition in the 1980s included a broad amnesty for military personnel.
However, four senior military officials who served under Bolsonaro are also set to stand trial:
- Paulo Sérgio Nogueira: Former Defense Minister
- Almir Garnier Santos: Former Navy Commander
- Augusto Heleno (Ret. Gen.): Former head of the Institutional Security Office
- Walter Braga Netto (Ret. Gen.): Bolsonaro’s former Chief of Staff and Defense Minister
“Four-star generals accused of plotting a coup are now likely to be convicted and punished within Brazil’s democratic legal framework,” stated João Roberto Martins Filho, a political science professor. “Those attempting military coups that fail now risk facing consequences like imprisonment.”