SAO PAULO — The former President of Brazil, Jair Bolsonaro, is facing serious allegations for allegedly orchestrating a scheme to cling to power after losing the 2022 presidential election. Brazil’s chief prosecutor has stated that this scheme included a disturbing plan to poison his rival, Luiz Inácio Lula da Silva.
On Tuesday, Bolsonaro was formally charged with five distinct crimes, one of which includes an attempt to carry out a coup. Additionally, 33 other individuals associated with him have also been implicated in the charges. Despite being banned from running for office until 2030 by Brazil’s electoral court for various abuses of power during his presidency and for spreading unfounded distrust in the country’s electronic voting process, Bolsonaro continues to assert his innocence, claiming he is a victim of political persecution.
Currently, Bolsonaro’s case is in the hands of Brazil’s Supreme Court, which will determine whether he will face trial. The implications of a conviction could lead to a significant prison sentence; under Brazilian law, a charge of attempted coup can result in up to 12 years of imprisonment. When combined with his other charges, he could face decades behind bars.
The charges stem from a police investigation, completed in November, characterizing Bolsonaro’s actions as part of a multi-layered plot to remain in power. Prosecutor General Paulo Gonet alleges that Bolsonaro led a criminal group that has been active since at least 2021, spreading false information about the nation’s electronic voting system. Gonet claims that post-election and following his narrow loss, Bolsonaro supported plans to overturn the election results, which included radical ideas such as poisoning Lula and targeting Supreme Court Justice Alexandre de Moraes.
The extent of the development of this plan is not fully disclosed by Gonet. However, turmoil erupted in the capital Brasilia on January 8, 2023, when Bolsonaro’s supporters violently stormed and vandalized major government buildings, including the Supreme Court, the Presidential Palace, and Congress in a desperate bid to retain power after Lula assumed the presidency.
As the Supreme Court deliberates on the next steps for Bolsonaro’s case, it may either proceed with a trial, return the case to prosecutors for revisions, or dismiss it altogether. Although two justices on the 11-member court were appointed by Bolsonaro, key decisions will likely rest with a five-judge panel that does not include these judges. Justice Alexandre de Moraes, who has previously been threatened by Bolsonaro, is overseeing this panel, and there is currently no set timeline for a ruling.
Among the five specific charges against Bolsonaro are leading an illicit organization aimed at retaining his presidency following the 2022 election results, instigating violence to undermine democratic governance, engaging in a coup, damaging state assets, and compromising Brazil’s heritage—charges that primarily arise from the chaos in Brasilia.
Notably, even if acquitted of these accusations, Bolsonaro faces other legal challenges. Authorities have also accused him of instructing a public official to falsify his COVID-19 vaccination record to meet travel restrictions to the United States. Furthermore, he is implicated in attempts to smuggle over a million dollars in jewelry from Saudi Arabia and Bahrain, allegedly intending to keep these items rather than placing them in the state-owned presidential collection.
The threat of the coup charge looms large over Bolsonaro, who is allegedly seeking to persuade lawmakers to grant pardons to those involved in the January 8 riots, which some analysts suggest may be his strategy to regain a foothold in politics. However, many of his supporters remain confident that he will be a candidate in the upcoming presidential election rather than serving time in prison.
