SAO PAULO — A panel of judges at Brazil’s Supreme Court is set to initiate proceedings on Tuesday regarding the charges against former President Jair Bolsonaro and several of his associates. They face accusations that include attempting to orchestrate a coup d’état. The charges against the far-right former leader emerged in February, following his loss in the 2022 presidential election to current President Luiz Inácio Lula da Silva.
In February, Bolsonaro was formally accused by the country’s prosecutor-general of plotting to remain in office through a coup after his election defeat. These allegations stem from a police investigation pointing to Bolsonaro’s involvement in five criminal activities. Prosecutor-General Paulo Gonet asserted that Bolsonaro led a criminal organization active since at least 2021, which was involved in disseminating false claims concerning Brazil’s electronic voting system.
Gonet further alleged that Bolsonaro was complicit in a plan to overturn the election results after his narrow loss. This scheme purportedly included intentions to poison his successor, President Lula, and assassinate Supreme Court Justice Alexandre de Moraes, who was a known adversary of Bolsonaro. The indictment reveals that Bolsonaro was fully aware of and approved the plan. A total of 33 other individuals connected to Bolsonaro have also been charged in relation to these allegations.
The Supreme Court’s agenda this week includes voting on whether to accept or dismiss the indictment against Bolsonaro. Should the panel find sufficient evidence indicating that the accused committed the alleged crimes, a criminal prosecution will commence. It remains possible, albeit unlikely, that the justices will dismiss the indictment.
If the indictment is upheld by the Supreme Court panel, Bolsonaro will become a defendant in an ensuing criminal case. This process will involve justices gathering further evidence, conducting hearings, and interrogating defendants. Following this, both prosecution and defense teams will offer their closing arguments before the court decides on a verdict of acquittal or conviction.
A conviction could result in significant prison time for Bolsonaro. Under Brazilian legislation, a conviction for coup attempts alone can lead to a 12-year sentence, but in conjunction with additional charges, he could potentially face several decades in prison. Bolsonaro, already banned from running for political office until 2030 due to previous offenses related to power abuse and undermining trust in the voting system, has continuously denied any wrongdoing, asserting that he is the target of political persecution.
Bolsonaro’s response has been consistent in denying the accusations, claiming political persecution. In a live YouTube broadcast on Thursday, accompanied by his lawyer Paulo Cunha Bueno, he dismissed the charges. “What we have in this indictment is a constructed narrative lacking evidence,” stated Bueno.
The former president also publicly denied the accusations during a protest in Rio de Janeiro on March 16, where thousands of his supporters gathered. On the political stage, Bolsonaro and his allied legislators have sought to amend existing laws to allow convicted criminals to run for office. Additionally, they have advocated for a bill that would grant pardons to those convicted following an insurrection on January 8, 2023, when Bolsonaro’s supporters similarly stormed government buildings in Brazil’s capital, reminiscent of the riots at the U.S. Capitol.