Historical judgment: Brazil: Bolsonaro sentenced to more than 27 years in prison

Brazil’s former President Jair Bolsonaro has been sentenced to more than 27 years of prison for an attempted coup prison. The majority of the Supreme Court of Five Court guilty spoke to the 70-year-old, as the TV live broadcast on Thursday (local time) showed. This makes Bolsonaro the first ex-president of Brazil to be convicted of an attempt to overthrow.

Bolsonaro himself had not personally appeared on the dock. Since the beginning of August he has been in the house arrest for violations. The verdict was originally scheduled for Friday. Since an appeal can still be filed at the Supreme Court, the prison sentence is not immediately enforced. According to experts, contesting the judgment is unlikely.

Allegations: Topping plans after the election defeat

According to the public prosecutor’s office and the judge, Bolsonaro had planned a coup for the government of his left successor Luiz Inácio Lula da Silva after his election defeat at the end of 2022 and allies. The aim was to impose a state of emergency and enforce new elections – but Bolsonaro did not win the support of military leadership.

On January 8, 2023, a few days after Lula took office, followers of the legal politician stormed the Congress, the Supreme Court and the Presidential Palace in Brasília. Even if Bolsonaro was not in Brazil himself that day, but in the USA, the court accuses him of an indirect participation in the events. In addition, Bolsonaro is said to have known about murder plans against Lula, Vice President Geraldo Alckmin and judge Alexandre de Moraes.

Bolsonaro’s defense rejected the allegations throughout the procedure and argued that there was no valid evidence of Bolsonaro’s participation in a oversight plan. His lawyers spoke of a “political process” in which her client had no fair chance. They referred to the highest judge Moraes, who played both a central role in the investigation and was mentioned as a suspected goal of the coup plans. The court was thus inevitable.

Bolsonaro was not only convicted of attempted coupons, but also for violent abolition of the democratic constitutional state, participation in a criminal association, damage -protected cultural asset and property damage. In addition, seven high-ranking military and former cabinet members were also convicted, including ex-defense minister Paulo Sérgio Nogueira, marine lawn Almir Garnier and Bolsonaros then security consultant Augusto Heleno.

Judge Moraes described Bolsonaro as “leader of a criminal organization” and listed numerous evidence of the attempted oversetting planning in detail. These included public attacks on the electoral system, secret ministerial meetings, meetings with ambassadors and designs of a overthrow decline as well as the violent riots of January 8. “It wasn’t a Sunday in the park, not a trip to Disneyland,” said Moraes regarding the storm on government buildings.

Four of the five judges voted for a conviction from Bolsonaro, only judge Luiz Fux voted for an acquittal, since according to him the evidence would not give the evidence of the accusation of an attempted coup prison.

Since the procedure is negotiated before the Supreme Court, there is no higher instance. According to experts, a new examination of individual disputes in the plenary with eleven judges would only have been possible in at least two different voices. Bolsonaro’s lawyers can contest formal ambiguities in the judgment – larger changes in content are unlikely. Only when it is decided that the judgment becomes final and enforceable.

The process also has an international dimension. Bolsonaro is considered a close ally of US President Donald Trump and was sometimes referred to as a “tropical trump”. The pictures of the riots in Brasília recalled the storming of the US congress in Washington two years earlier. Trump himself was charged in similar allegations, but a procedure against him was hired shortly before his swearing -in. Both politicians described the processes against themselves as “witch hunt”.

The criminal proceedings against Bolsonaro led to diplomatic tensions with the USA. Trump imposed duties from 50 percent to numerous Brazilian products and personally occupied judges Moraes with sanctions.

Trump was “surprised” by the verdict and said that he knew Bolsonaro well, thought he is a good president. “It is very similar to what you tried with me, but you didn’t get through that at all.” Trump’s Foreign Minister Marco Rubio announced that he will react to the “witch hunt” without naming details.

Political scientist Oliver Stuenkel described the judgment as an important moment for Brazil. He pointed out that there were numerous failed and successful coup attempts in the country’s history. But mostly those responsible were not held accountable. In contrast to countries such as Argentina, where military people were prosecuted, there had never been a complete legal review in Brazil. “In this respect, this is really a very, very important moment,” said Stuenkel, professor of international relations at the renowned University of Fundação Getulio Vargas in São Paulo.

In the past, ex -presidents have already been convicted of corruption – such as Fernando Collor de Mello and Lula, who is now back in office. A conviction for a attempted coup d’état, on the other hand, is a precedent.

Reactions in the split country – protests possible

Brazil is heavily polarized between the supporters of the left President Lula and the supporters of his right predecessor Bolsonaro. Many see criminal proceedings as politically motivated, others as proof of the strength of the institutions.

The coming weeks could be shaped by protests: “Of course, there can always be a few political violence,” said Stuenkel. The expert considers larger riots to be unlikely. “A conviction, regardless of what comes afterwards, is one of the most important moments of consolidating Brazilian democracy since the end of the dictatorship,” said Stuenkel.