RIO DE JANEIRO — In a significant legal development, Brazil’s Supreme Court justices have unanimously greenlit charges against former President Jair Bolsonaro. These charges accuse him of plotting to retain power following his defeat in the 2022 election, mandating that he face trial.
Prosecutor-General Paulo Gonet has leveled heavy accusations against Bolsonaro, alleging that he and 33 co-conspirators attempted a coup. This intricate plan allegedly included plotting to eliminate his successor, current President Luiz Inácio Lula da Silva, and a Supreme Court justice. The charges against seven of his close associates include coup attempts, armed criminal organization involvement, violent attempts to abolish democratic rule of law, violent destruction of state assets, and damage to listed heritage sites.
Bolsonaro has consistently refuted any misconduct and claims to be the victim of political persecution. After the panel’s decision, he expressed to journalists, “It seems that there is something personal against me. The accusation is very serious and unfounded.” Despite multiple attempts for a response, his legal counsel has not commented on the matter.
Under Brazilian jurisdiction, a coup conviction could lead to a maximum sentence of 12 years, with the possibility of a more extended sentence if other charges are considered. Justice Flávio Dino remarked, “Coups kill. It doesn’t matter if it happens today, the following month, or a few years later,” while casting his vote.
According to Gonet, those charged were determined to keep Bolsonaro in power “at all costs,” devising a scheme that gained momentum following his electoral loss to Lula. The plan, allegedly incorporating a plot to assassinate Lula and Justice Alexandre de Moraes, was scrutinized but ultimately failed when they couldn’t secure support from the army’s commander.
“The resolve of the criminal organization remained undeterred, even post the swearing-in of the duly elected president,” Gonet added, pointing to the riots on January 8, 2023, when Bolsonaro’s supporters overtook key governmental sites.
Justice de Moraes, while addressing the panel, presented video evidence of the riots, emphasizing the severe coup attempt marked by extreme violence and uncivil behavior intending military intervention.
Bolsonaro has denied involvement in these events, explaining he was not in the country, having left before his term ended. He skeptically noted, “One of the five charges against me is destruction of property. Only if it were by telepathy.”
Bolsonaro’s 2022 election running mate and former Defense Minister Walter Braga Netto, ex-Justice Minister Anderson Torres, among others involved, will also stand trial. Separate decisions will be made for other involved parties at a later date.
General anticipation was that the charges against Bolsonaro would proceed. President Lula, currently on a diplomatic visit to Japan, expressed that the evidence substantiates the charges against Bolsonaro. “It is evident that he attempted a coup and was possibly planning my assassination,” he remarked, hoping for justice to take its due course.
João Pedro Pádua, a law scholar, noted the historic nature of this trial as it’s the first of its kind for a former head of state in Brazil for such severe accusations. During his presidency, Bolsonaro, a former military officer, frequently challenged the country’s judicial systems, reminiscent of Brazil’s previous dictatorship.
In attempts to rally political support, Bolsonaro organized a protest in Rio de Janeiro earlier this month, drawing significantly fewer supporters than anticipated. With an eye on potential upcoming trials, he and his allies are advocating for congressional amnesty for those imprisoned due to the January 2023 riot.
Political analyst Carlos Melo anticipates minimal impact from the recent court decision on the 2024 presidential election. Owing to previous allegations of power abuse and creating doubt in electronic voting, Bolsonaro faces a ban until 2030 from running in elections. Melo suggested that Bolsonaro might still position himself as a candidate to maintain political relevance, even if a surrogate is nominated on his behalf.