Brazil’s former president Jair Bolsonaro is moving closer to incarceration after the Supreme Court rejected his latest appeal against a 27-year prison sentence tied to an aborted coup attempt aimed at stopping President Luiz Inacio Lula da Silva from assuming office.
Bolsonaro, who was defeated in the 2022 election, was convicted in September for orchestrating a broad effort to delegitimise the electoral process and derail Lula’s transition to power. Prosecutors argued that the scheme, which allegedly included plans to assassinate Lula and a senior Supreme Court justice, collapsed only because high-ranking military officers refused to support it.
A panel of Supreme Court justices heard Bolsonaro’s appeal last week, and every judge voted to uphold the ruling. Although the decision reached unanimity then, it did not formally take effect until midnight on Friday.
A court insider told AFP, under anonymity, that the judgment could be officially published as early as Monday. Once published, Bolsonaro’s legal team will have five days to file a fresh appeal. But according to the source, any such filing can be dismissed “quickly” by lead justice Alexandre de Moraes, who will then finalize the judgment.
Legal experts say that after Moraes issues the final ruling, an arrest warrant is typically released on the same day. Thiago Bottino, a law professor at the Getulio Vargas Foundation, explained that it will be up to Moraes to determine the circumstances and location of Bolsonaro’s arrest.
Based on procedural timelines, Bolsonaro could be sent to prison in the final week of November. The 70-year-old former army captain, who has denied any wrongdoing, has been under house arrest since August. Because of recurring medical problems linked to the 2018 stabbing that nearly killed him, he may seek approval to serve his sentence under home confinement.
The case against Bolsonaro is rooted in his sustained campaign to cast doubt on Brazil’s electronic voting system. Prosecutors said he intended to manufacture allegations of fraud if he lost the election and then use those claims to justify military intervention. Authorities further accused him of approving a plan to assassinate Lula, Vice President Geraldo Alckmin and Justice Moraes.
“We were ready to kill a lot of people,” federal police agent Wladimir Soares, suspected of being part of the planned hit squad, said in an audio recording released by the Supreme Court. “We were only awaiting orders from the president, but he backed down,” he added.
In rejecting Bolsonaro’s appeal, Moraes reaffirmed the finding that there had been a coordinated attempt to overturn the election results, with Bolsonaro at its centre. He cited extensive evidence of the former president’s involvement and highlighted his role in encouraging the January 8 storming of government buildings, where supporters demanded a military takeover to unseat Lula.
Moraes said the 27-year, three-month sentence reflects Bolsonaro’s high level of responsibility, the seriousness of the crimes and their broad impact on democratic institutions. He noted that Bolsonaro’s age had already been considered as a mitigating element.
Three other justices on the panel also voted to dismiss the appeal.
In a separate development on Friday, the same panel moved forward with criminal proceedings against Bolsonaro’s son, federal lawmaker Eduardo Bolsonaro, on charges of “coercion.” Eduardo, who currently resides in the United States, was charged in September by Brazil’s chief prosecutor for allegedly lobbying US officials to impose sanctions in an effort to influence the court’s handling of his father’s case.
What You Should Know
Jair Bolsonaro’s conviction stems from an alleged coordinated attempt to overturn Brazil’s 2022 election results and prevent President Lula from taking office.
The Supreme Court has now upheld a 27-year sentence for his role in the coup plot, which prosecutors say included plans to assassinate key political figures. Bolsonaro is under house arrest and could be sent to prison within weeks once the final ruling is published.
His son Eduardo also faces criminal proceedings linked to the case, underscoring how far-reaching the legal fallout has become.
