Brazil’s former leader, Jair Bolsonaro, is facing serious accusations related to an alleged conspiracy aimed at maintaining his grip on power despite the 2022 electoral defeat. The top prosecutor in Brazil has stated that this scheme involved plans to poison his political rival, Luiz Inácio Lula da Silva. The unprecedented charges announced on Tuesday include five counts against Bolsonaro, notably an attempt to overthrow the government. Additionally, 33 other individuals linked to him have also been charged.
Bolsonaro has already been barred from electoral participation until 2030 by Brazil’s top electoral court due to accusations of abuse of power during his presidency and for casting unfounded doubts about the integrity of the electronic voting process. He vehemently denies the allegations and claims he is a victim of political persecution.
Currently, Bolsonaro’s case is under the jurisdiction of Brazil’s Supreme Court, which is tasked with determining whether he will face trial. If convicted, he risks a significant prison sentence. Brazilian law stipulates that charges related to a coup can incur penalties of up to 12 years in prison. Given the combination of all his charges, he could potentially face decades behind bars. These charges stem from a comprehensive investigation conducted by the police, which concluded in November, alleging that Bolsonaro was the leader of a criminal endeavor aimed at retaining his position of power. Prosecutor General Paulo Gonet has claimed that this organization began operating as early as 2021 and was involved in spreading misinformation about the electronic voting system.
Gonet asserts that after losing the election, Bolsonaro supported a strategy to overturn the results, including a chilling aspect of the plan known as “Green and Yellow dagger,” which reportedly involved assassinating Lula and Supreme Court Justice Alexandre de Moraes. However, details on the extent of the plan’s development have not been disclosed.
On January 8, 2023, many of Bolsonaro’s supporters stormed key government buildings in Brasília, including the Supreme Court and the Presidential Palace, in an effort to reverse his electoral defeat, as noted by Gonet. During his presidency, Bolsonaro, a former military officer, openly challenged Brazil’s judiciary, often reminiscing about the country’s military dictatorship from 1964 to 1985.
As for Bolsonaro’s potential imprisonment, the Supreme Court will decide the next steps, which could include sending the charges back to prosecutors for revisions, holding a trial, or dismissing the case entirely. While two of the court’s justices were appointed by Bolsonaro, a decision will largely rest with a five-judge panel that does not include those justices, led by Justice Alexandre de Moraes, whom Bolsonaro has threatened in the past. No specific timeline for a decision has been established.
The five charges against Bolsonaro encompass leading a criminal organization aimed at overturning the democratic election outcome, instigating violence against the rule of law, attempting a coup, damaging state property, and jeopardizing national heritage, with the latter two linked to the riots in Brasília.
Even if absolved of these charges, Bolsonaro may still encounter substantial legal challenges. Authorities have accused him of instructing officials to falsify a public health database regarding COVID-19 vaccinations, enabling himself and his daughter to evade United States travel restrictions during the pandemic. Furthermore, he is alleged to have instructed officials to illegally bring expensive jewelry from Saudi Arabia and Bahrain into Brazil, attempting to keep the items for personal use rather than incorporating them into the official state collection.
Among his most serious charges is the attempted coup. Bolsonaro is anticipated to continue advocating for a form of amnesty for those involved in the January 8 riot, which legal analysts believe is his strategy for reintegrating into the political sphere. Despite the legal ramifications he faces, many of Bolsonaro’s supporters are confident that he will be on the ballot for next year’s presidential elections rather than serving time in prison.
