A panel of justices from Brazil’s Supreme Court convened on Tuesday to assess whether former President Jair Bolsonaro and his associates should face trial on multiple accusations, including an alleged coup attempt. No decision was finalized by the end of the day’s proceedings.
Last month, Prosecutor-General Paulo Gonet brought charges against Bolsonaro. He alleged that Bolsonaro plotted a coup following his defeat in the 2022 elections to the current President, Luiz Inácio Lula da Silva. Part of the alleged scheme included efforts to poison Lula and to eliminate Supreme Court Justice Alexandre de Moraes, a known adversary of Bolsonaro.
The judicial session, which began at 9:45 a.m. in Brasilia with five Supreme Court justices, was led by de Moraes as the main rapporteur. Proceedings concluded in the evening without a decision on the acceptance of the charges. A majority vote would initiate a criminal trial against the accused individuals upon the case’s resumption on Wednesday.
Besides plotting a coup, Bolsonaro and his alleged accomplices face allegations related to their involvement in a criminal organization, endeavors to violently dismantle democratic governance, and the destruction of significant state assets. According to de Moraes, the organization was reportedly active from July 2021 until January 2023, engaging in “malicious acts” to undermine the democratic system and dislodge the elected government.
Gonet described the group’s intent to retain Bolsonaro in power “at all costs,” presenting evidence like various documents and digital correspondences as part of the indictment. Discussions on procedural matters took place later, with Bolsonaro’s defense advocating for a full Supreme Court review, noting two justices’ alignment with Bolsonaro’s past appointments. However, this majority request was rejected.
Bolsonaro has consistently dismissed the charges as politically motivated attacks against him. During his appearance at the Supreme Court, he reiterated these denials, emphasizing alleged bias by the Federal Police and highlighting an 884-page report he views as unfounded.
Under Brazilian legal standards, a coup conviction could lead to a 12-year prison term, potentially extending to multiple decades when considering the other charges. Observers widely anticipate the charges will proceed to trial. Thiago Bottino, a law educator at the Getulio Vargas Foundation, expressed confidence in the existence of sufficient evidence.
In February, Gonet charged a total of 34 individuals. On Tuesday, the focus was on eight, including Bolsonaro and former ministers such as Walter Braga Netto and Paulo Sérgio Nogueira. A decision on other accused individuals will follow at a later date. In preparation for a potential trial, Bolsonaro has been rallying political support, even organizing a protest that drew approximately 18,000 participants on Rio de Janeiro’s Copacabana Beach. Despite expectations of larger turnouts, the demonstration’s attendance sparked commentary on Bolsonaro’s waning influence.
Bolsonaro has called for another demonstration in Sao Paulo for early April, seeking amnesty for those detained after a January 2023 riot, which saw Bolsonaro supporters vandalize key government buildings shortly after Lula’s inauguration. This event is cited in Gonet’s indictment as a desperate gambit to retain power. At the time, Bolsonaro was residing in the United States, having exited Brazil just days before his presidency concluded.
His lawyer, Celso Vilardi, refuted claims of his involvement in the riot or leading a criminal organization. Vilardi emphasized that Bolsonaro was not present during the January 8 incident and questioned the portrayal of him as an orchestrator.
Throughout his presidency from 2019 to 2022, Bolsonaro, a former military officer with presidential aspirations, often clashed with Brazil’s judiciary. This habit of challenging judicial authority has, however, earned him an electoral ban, precluding any candidacy until 2030.