SAO PAULO — Jair Bolsonaro, the ex-President of Brazil, is facing serious legal issues as he has been charged with a scheme aimed at retaining his position despite losing the 2022 election. The Attorney General of Brazil alleges that this plot may have included a plan to poison his rival, Luiz Inácio Lula da Silva.
These extraordinary charges, announced on Tuesday, accuse Bolsonaro of five separate crimes, including an attempt to overthrow the government. Furthermore, 33 individuals connected to him are also facing charges. Already barred by Brazil’s top electoral authority from running in elections until 2030 due to alleged abuse of power and unwarranted claims regarding the security of the electronic voting system, Bolsonaro denies all accusations and asserts that he is a target of political persecution.
The current phase of Bolsonaro’s legal battle rests with the Supreme Court of Brazil, which will determine whether he is to be put on trial. Should the court find him guilty, he could face substantial prison time. Brazilian law stipulates that charges related to a coup can lead to sentences of up to 12 years, and when combined with other allegations, the total penalties could span multiple decades.
The allegations stem from a police investigation that wrapped up in November. The investigation portrayed Bolsonaro as the leader of a criminal organization that has been active since at least 2021, spreading misinformation about the country’s electronic voting system. According to the Attorney General, Bolsonaro endorsed a strategy to contest the election outcome following his narrow defeat, including a more violent plot called “Green and Yellow dagger” that allegedly contemplated the assassination of Lula and Supreme Court Justice Alexandre de Moraes.
On January 8, 2023, following Lula’s inauguration, Bolsonaro’s supporters resorted to violence, attacking the Supreme Court, the Presidential Palace, and Congress in Brasilia, marking a desperate attempt to cling to power, as indicated by the Attorney General. Bolsonaro’s background as a former military officer is notable, given his history of romanticizing the period of military rule in Brazil from 1964 to 1985, as well as his continuous defiance of the judicial system during his presidency from 2019 to 2022.
The Supreme Court’s next steps include determining whether Bolsonaro should stand trial, send the charges back for further clarification, or dismiss them altogether. While two of the justices on the court were appointed by Bolsonaro, the decisive evaluation will be in the hands of a five-judge panel that does not include his appointees. The head of this panel is Justice Alexandre de Moraes, whom Bolsonaro previously threatened.
In total, Bolsonaro is charged with five crimes: leading a criminal organization aimed at preserving his presidency, undermining the democratic process through violence, attempting a coup, damaging state property, and endangering Brazil’s heritage. The latter two charges are linked to the riots in Brasilia.
Even if he avoids a conviction on these charges, Bolsonaro’s legal problems are far from over. He has also been accused of directing officials to manipulate public health data, falsely indicating that he and his daughter had received the COVID-19 vaccine to evade U.S. entry restrictions. Moreover, he has been charged with allegedly ordering the smuggling of expensive jewelry from Saudi Arabia and Bahrain, which he then tried to keep rather than contributing to the state’s presidential collection.
The attempted coup charge is seen as the most serious of all. Bolsonaro is believed to be advocating for legislative action that would pardon individuals involved in the January 8 riot, which could potentially serve as a strategy for his return to politics. Nonetheless, several of his affiliates maintain confidence that he will be a candidate in next year’s presidential elections instead of facing imprisonment.
