Brazil’s Supreme Court to decide Jair Bolsonaro’s fate in election conspiracy trial

RIO DE JANEIRO (AP) — The fate of Brazil’s former President Jair Bolsonaro hung in the balance Tuesday as the verdict and sentencing phase of his trial for allegedly leading a conspiracy to stay in power was set to begin.

A Supreme Court panel scheduled sessions on five days through Sept. 12 to decide whether the far-right ex-leader is guilty of seeking to overturn the 2022 presidential election result, when he was narrowly defeated by President Luiz Inácio Lula da Silva.

Bolsonaro, who denies any wrongdoing, was charged with five counts related to attempting to stage a coup. He is under house arrest and has repeatedly said the trial is politically motivated.

That argument made headway with President Donald Trump, who directly tied a 50% tariff on imported Brazilian goods to his ally’s judicial situation. Trump has called the proceedings a “witch hunt” against a political opponent, triggering nationalist reactions from many Brazilian politicians.

Bolsonaro is accused of attempting to stage a coup, involvement in an armed criminal organization, 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.

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

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 Bolsonaro in office.

Part of that plot included a plan to kill Lula and a Supreme Court justice, the prosecution alleges. It also says that the Jan. 8 riot when Bolsonaro supporters ransacked top government buildings a week after Lula took office was an attempt to force military intervention and oust the new president.

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

Shortly thereafter, police accused Bolsonaro and his son Eduardo of obstruction of justice in a separate case. They said the ex-president once wanted to flee to Argentina and request political asylum.

Eduardo Bolsonaro moved to the U.S. earlier this year despite holding a seat in Brazil’s Congress and has sought sanctions against Justice Alexandre de Moraes who oversees his father’s case. Trump’s administration imposed such measures in late July.

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.

Experts have labeled Bolsonaro’s trial as ‘historic’ and highlighted that it’s the first time high-ranking officials accused of an attempted coup are being subjected to a criminal trial.

A military dictatorship ruled Brazil for more than two decades between 1964 and 1985, an era for which Bolsonaro has expressed nostalgia. The government passed a sweeping Amnesty Law in 1979 and Brazil never prosecuted any of the military officials responsible for the widespread human rights violations during that era.

Brazil’s violent past has yet to be fully reckoned with, but this trial marks a historic departure from impunity, said Lucas Figueiredo, the author of several books about the country’s most recent dictatorship.

“History will tell whether it is 100% successful, but what we are seeing today is a movement that breaks with a tradition of military coups,” he said.