In São Paulo, a unanimous ruling by Brazil’s Supreme Court justices has determined that former President Jair Bolsonaro and seven of his associates will face trial for five charges, including plotting a coup following his defeat in the 2022 election. The judicial panel will review existing evidence, possibly collect new evidence, and hear testimonies. Legal experts suggest that Bolsonaro might receive a maximum sentence of 40 years in prison, though the actual jail time, if convicted, would be less due to legal considerations.

Understanding the aftermath of the ruling:

• What crimes is Bolsonaro accused of?
  • Bolsonaro is to stand trial for attempting to stage a coup, being part of an armed criminal organization, attempted violent end of democratic rule, damaging properties posing serious threats to state assets, and heritage deterioration.
  • These five charges are based on the indictment from Prosecutor-General, Paulo Gonet, arising from a federal police investigation that positioned Bolsonaro as the head of a criminal organization operating since at least 2021.
  • Gonet’s accusation also includes supporting plans to poison his successor, President Luiz Inácio Lula da Silva, and to kill Supreme Court Justice Alexandre de Moraes.

When does the trial start and what next?

• A specific trial date hasn’t been set yet; however, the Supreme Court panel’s chairperson is expected to define the procedural framework soon.
• Professor Eloísa Machado remarks that the criminal case’s evidentiary phase, including interrogations, testimonies, and expert examinations, will start, with many procedures conducted by auxiliary judges.
• Trials typically follow with prosecutors and defense attorneys presenting their final arguments before the court decides on acquittal or conviction.

Who will judge Bolsonaro?

• The trial will be overseen by one of the Supreme Court’s two permanent 5-justice panels, none of whom were appointed by Bolsonaro.
• Rapporteur justice Alexandre de Moraes brought the charges to his panel.
• The other justices are Cármen Lúcia, Cristiano Zanin, Flávio Dino, and Luiz Fux, with varied judicial philosophies.

Can Bolsonaro go to jail?

• Brazil’s criminal law dictates that arrests only occur after a final, unappealable conviction.
• The Supreme Court, being the uppermost appeals court for criminal cases against public authorities, maintains jurisdiction over Bolsonaro’s case.

What is Bolsonaro’s response?

• Bolsonaro, banned from running for office until 2030, denies any wrongdoing, claiming political persecution.

Have other Brazilian Presidents stood trial?

• Lula was initially sentenced for corruption and money laundering in 2017, serving over a year before being released post-appeal.
• In 2021, Lula’s sentence was annulled for judicial impartiality.
• Michel Temer was acquitted of corruption and money laundering in 2024.
• Fernando Collor was sentenced for corruption but remains free awaiting imprisonment.

The trial marks a significant moment as it includes top military officials for the first time. João Roberto Martins Filho, a political science professor, notes that high-ranking military officers accused of coup plotting could be convicted and penalized under Brazil’s democratic legal framework. They could potentially face prison time.

• This coverage is credited to Mauricio Savarese from the Associated Press.
  
  Source: https://time.com/7272052/brazil-jair-bolsonaro-coup-trial-explainer/