Bolsonaro becomes a defendant in Brazil's Supreme Court and awaits trial

Jair Bolsonaro is the first former Brazilian president to be charged with leading an attempted coup d'état.

On March 26, the Brazilian Supreme Court decided to accept the complaint against him and seven other former members of his government, including three army generals - Augusto Heleno (former Minister of the Institutional Security Cabinet), Paulo Sérgio Nogueira (former Minister of Defense) and Braga Netto (former Minister of the Civil House).

They are said to be part of what the Attorney General's Office (PGR) called the “crucial nucleus” of a coup plot against President Luiz Inácio Lula da Silva's victory in the 2022 elections. They all deny the accusations.

Justices Alexandre de Moraes (rapporteur of the case), Flávio Dino, Luiz Fux and Cármen Lúcia and the president of the First Panel, Cristiano Zanin, voted to accept the complaint on Wednesday (26/3).

In his vote to accept the indictment, STF President Alexandre de Moraes stated: “There are reasonable indications that the Attorney General's Office's indictment should be accepted, which points to Jair Messias Bolsonaro as the leader of the criminal organization, demonstrating the participation of the former President of the Republic with the elements in the Federal Police's investigation.” Moraes was included in Bolsonaro's assassination plans.

After the result was announced, Bolsonaro said in a statement that he is the target of “the greatest political-judicial persecution in the history of Brazil, motivated by unconfessed desires, vanity and clear political interests to prevent me from participating in and winning the 2026 presidential election”.

With the opening of the case, Bolsonaro and the other seven defendants will face charges for five crimes: coup d'état, violent abolition of the democratic rule of law, armed criminal organization, damage qualified by violence and serious threat against federal property and deterioration of listed property.

If Bolsonaro is convicted of all the crimes, the maximum sentences could exceed 40 years in prison, since he is accused of leading the alleged criminal organization. In Brazil, sentences of more than 8 years start to be served in a closed regime.

According to the prosecution, the plan to keep Bolsonaro in power began with unfounded attacks on the security of electronic ballot boxes in 2021 and evolved into minutes that would pave the way for a coup d'état, a plan to kill Lula and pressure on the Armed Forces to carry out the coup, culminating on January 8, 2023.

Behind the scenes in Brasilia, the process is expected to be concluded this year, which is causing controversy among legal experts. 

The criminal trial will have three phases. The first is the criminal investigation, in which evidence will be produced - which could confirm the accusation or prove the innocence of the defendants. After the criminal investigation, in the second phase, the defendants will be questioned. This is the time for the defendants to defend themselves. They have the right to remain silent if they prefer.

And the third phase is the closing arguments, in which the Prosecutor's Office and the defendants' lawyers present their briefs justifying their requests for conviction or acquittal. The prosecution speaks first and then the defense has the final word.

Once all three phases have been completed, the case's rapporteur, Justice Alexandre de Moraes, will cast his vote and release the case for judgment by the First Panel. After any appeals, if Bolsonaro is convicted and receives a sentence of more than 8 years in prison, he will be imprisoned in a prison regime.

With information from BBC Brasil and UOL News Portal

Andrea Dip reports regularly for the ReGA-Newsletter. In her weekly column for the Brazilian news portal ICL, Andrea Dip provides analysis and interviews on issues that permeate the far right and its transnational connections. Here in Portuguese.