BRASILIA, Brazil (AP) — A panel of Supreme Court justices is poised to decide this week whether former President Jair Bolsonaro is guilty of plotting to undermine Brazil’s democratic processes following his electoral defeat in 2022.
The far-right politician faces five charges connected to alleged conspiracy to instigate a coup in the aftermath of his narrow loss to current President Luiz Inácio Lula da Silva, who previously held the presidency two decades ago.
Should the five-judge panel deliver a guilty verdict, Bolsonaro could face decades in prison. Despite the gravity of the accusations, the ex-president has consistently denied wrongdoing, branding the proceedings as a politically charged assault against him.
Supporters of Bolsonaro gathered outside his residence in Brazil’s capital on Monday evening, expressing their solidarity through prayer, while also criticizing the presiding justice of the Supreme Court, Alexandre de Moraes. They are pushing for some form of amnesty for the former leader.
Last week, Prosecutor-General Paulo Gonet stated that Bolsonaro orchestrated a multifaceted scheme to hang onto power unlawfully. This involved undermining trust in the country’s electronic voting system and allegedly inciting a January 2023 riot aimed at facilitating military intervention.
During the trial, the prosecution has presented evidence demonstrating that Bolsonaro convened top military and cabinet officials for discussions about issuing an emergency directive to overturn the election results citing supposed voting fraud.
However, Bolsonaro's defense attorney, Celso Vilardi, insisted that the directive was never executed, emphasizing that detailed planning does not equate to a completed crime. Vilardi argued, Bolsonaro ordered a transition, asserting that he did not act against Brazil's democratic framework.
Bolsonaro has likened his situation to a witch hunt, a phrase echoed by U.S. President Donald Trump, who closely monitors the trial's developments. On Sunday, tens of thousands of his supporters demonstrated, including his wife Michelle Bolsonaro, voicing their unwavering belief in his love for Brazil.
The trial recommences on Tuesday, where final legal requests will be considered. The justices are then set to vote on Bolsonaro's charges, with three votes necessary for a conviction. A protracted review by any single justice might delay the verdict, but experts believe this to be unlikely.
Bolsonaro faces multiple serious charges including attempting to stage a coup, participating in an armed criminal organization, and violent efforts to overthrow democratic governance. A guilty verdict for the coup charge alone could yield a sentence of up to 12 years.
If convicted, the justices may recommend varying sentences, with the final decision resting on one justice who will average the proposed penalties. Court sessions will be conducted each day through the week.
Seven other close allies of Bolsonaro are concurrently facing trials, including his previous running mate Walter Braga Netto and ex-defence minister Paulo Sérgio Nogueira.
Bolsonaro, identified as a flight risk, has been fitted with an ankle monitor and remains under house arrest. He missed a recent court session due to health issues, with his lawyer indicating that he requires an unspecified medical procedure.
This trial marks a significant moment in Brazil’s history as military leaders and a former president find themselves being tried for actions against democratic order.
The Supreme Court has continued its proceedings despite external pressures. Analysts project that potential U.S. sanctions against Brazilian officials may arise following the trial, further complicating diplomatic relations.
The Brazilian government urges that its sovereignty will not be compromised, as President Lula remarked that Brazil would not become anyone's colony as part of a broader international positioning.
Supporters like Dorgelina Souza Oliveira de Medeiros, 72, remain hopeful despite the unease surrounding the trial and its implications, echoing a desire for amnesty for political allies and the chance for a return to their revered former president.