In Brazil, the Supreme Court’s panel of justices has made a unanimous decision to put former President Jair Bolsonaro and seven of his close associates on trial following their participation in what is alleged to have been an attempt to overthrow the government. This move comes after the far-right leader’s defeat in the presidential elections of 2022.
The Supreme Court is set to examine the evidence already gathered, while also having the capacity to bring forth additional evidence and conduct witness testimonies. Legal specialists predict that if Bolsonaro is found guilty, he might face up to four decades behind bars. However, due to procedural aspects, his actual jail sentence is likely to be shorter.
The charges Bolsonaro faces are severe; they include attempting to instigate a coup, involvement with an armed criminal organization, trying to violently disrupt the democratic process, damaging state property through violence, and undermining protected heritage sites. The five-member panel from the Supreme Court based their decision on an indictment presented by Prosecutor-General Paulo Gonet. This indictment stemmed from a federal investigation that identified Bolsonaro as the leader of a criminal entity functioning since at least 2021.
Gonet also suggested that Bolsonaro was behind a plan intending to harm his successor, President Luiz Inácio Lula da Silva, and to assassinate Supreme Court Justice Alexandre de Moraes.
While no date has yet been set for the trial, the chairman of the panel is anticipated to establish the procedural guidelines imminently. EloÃsa Machado, who teaches law at Sao Paulo’s Fundacao Getulio Vargas university, stated the trial will enter an evidentiary phase where interrogations, witness testimonies, and expert evaluations will occur. These processes are expected to be aided by auxiliary judges.
Bolsonaro’s legal representatives requested that the case be heard by the entire Supreme Court rather than the five-justice panel, which might prolong proceedings to 2026. This request was denied.
The trial will be carried out by one of the two five-member benches of Brazil’s highest court, and notably, none of these justices were appointed by Bolsonaro. The case was introduced by Justice de Moraes, with other justices including Cármen Lúcia, Cristiano Zanin, Flávio Dino, and Luiz Fux involved in the proceedings.
According to Brazil’s legal system, an individual can only be incarcerated following an irreversible conviction. Being the final arbiters in criminal matters involving public figures, Brazil’s Supreme Court holds ultimate authority over Bolsonaro’s fate. Should he take any steps that hinder the court’s verdict, such as seeking asylum, he could face arrest before the trial concludes.
Bolsonaro, who is barred from holding public office until 2030, argues he is being politically persecuted and denies any wrongdoing. He indicated his potential imprisonment would not deter his supporters.
Regarding past Brazilian leaders, Lula was previously convicted but had his conviction annulled due to judicial bias. Meanwhile, Michel Temer was acquitted after facing similar allegations, and Fernando Collor received a sentence that is awaiting enforcement.
Significantly, for the first time, high-ranking military officials associated with Bolsonaro are being tried in the Supreme Court for alleged coup attempts. This action signals a departure from historical practices in Brazil, following the country’s transition to democracy in the 1980s. João Roberto Martins Filho, a political scientist, notes that this situation indicates that attempts at overthrowing the government with military backing can lead to grave consequences under Brazil’s judicial system.