Verdict and sentencing phase begins in Jair Bolsonaro coup trial in Brazil

A supporter of former president Jair Bolsonaro prepares a doll with his image, during a protest against his trial, in front of the condominium where he is under house arrest, in Brasilia, Brazil (Eraldo Peres/AP)

A Brazilian court panel has opened the verdict and sentencing phase in the trial of Jair Bolsonaro on allegations that he led a conspiracy to stay in power after losing the 2022 presidential election.

The Supreme Court panel scheduled sessions on five days until September 12 to decide whether the far-right ex-president is guilty of seeking to overturn the election result in which he was narrowly defeated by Luiz Inacio Lula da Silva.

“History teaches us that impunity, omission and cowardice are not options for peace,” Justice Alexandre de Moraes said as the trial commenced.

The presiding judge, who considered a foe by Bolsonaro, also said the role of the Supreme Court is to judge impartially “regardless of threats or legal action, ignoring internal or external pressure”.

Brazil’s former president Jair Bolsonaro stands at the entrance to his home where he is under house arrest in Brasilia, Brazil (Eraldo Peres/AP)

That was an indirect swipe at Donald Trump, who directly tied a 50% tariff on imported Brazilian goods to his ally’s judicial situation. The US president has called the proceedings a “witch hunt” against a political opponent, triggering nationalist reactions from many Brazilian politicians.

Bolsonaro, who denies any wrongdoing, has repeatedly said the trial is politically motivated.

He is under house arrest and was not at the court on Tuesday. His lawyer Celso Vilardi told journalists that was because of his ill health.

On Monday night, his sons Carlos and Jair Renan prayed with other supporters during a vigil at the apartment where he is serving house arrest.

The former leader was charged with five counts: attempting to stage a coup, involvement in an armed criminal organisation, attempted violent abolition of the democratic rule of law and two counts involving destruction of state property.

A guilty verdict on the coup plot charge alone carries a sentence of up to 12 years.

After Justice de Moraes’ opening remarks and his reading of the case report, prosecutor general Paulo Gonet took the floor, saying: “The acts that make up the shocking and grim picture outlined in the indictment are criminally relevant attacks against democratic institutions.

“Failing to criminally repress attempts of this nature, as shown by accounts both here and abroad, strengthens authoritarian impulses. This, therefore, fuels fundamentalism and puts a civilised way of life at risk.”

US President Donald Trump has called the proceedings a ‘witch hunt’ (Jacquelyn Martin/AP)

Seven close allies of Bolsonaro are being tried alongside the former president, including Walter Braga Netto, his former running mate and defence minister, and Paulo Sergio Nogueira, another former defence minister.

Brazil’s top electoral court has already banned Bolsonaro from running in elections until 2030 over abuse of power while in office and casting unfounded doubts on the country’s electronic voting system.

A federal police investigation said efforts to disseminate fake news about Brazil’s voting system were part of a multipronged plan to keep him in office.

The prosecution in the coup trial has alleged that the plot included a plan to kill Mr Lula and Justice de Moraes. It also says that a riot on January 8 2023, when Bolsonaro supporters ransacked government buildings a week after Mr Lula took office, was an attempt to force military intervention and oust the new president.

During the trial, the prosecution presented handwritten notes, digital files, message exchanges and spreadsheets that they said were evidence of the conspiracy to keep Bolsonaro in power.

Defence lawyers argued that the fact that he allowed the presidential transition to take place after the election undermines the allegation that he plotted to thwart it.

The prosecution finished presenting its case in July and the defence wrapped up its arguments mid-August.

Shortly afterwards, police accused Bolsonaro and his son Eduardo of obstruction of justice, saying the ex-president wanted to flee to Argentina last year and request political asylum.

Eduardo Bolsonaro moved to the US earlier this year despite holding a seat in Brazil’s Congress and has sought sanctions against Justice de Moraes. The Trump administration imposed sanctions on the judge in late July, freezing any assets he might have in the US.

Authorities see Bolsonaro as a flight risk. In the lead-up to the verdict and sentencing phase, the Supreme Court ordered further security measures. On Saturday, De Moraes permitted the inspection of vehicles leaving Bolsonaro’s residence and mandated in-person surveillance of the area surrounding his home.