The five judges of the First Chamber of the Brazilian Supreme Court began deliberating this Tuesday on the possible conviction of former President Jair Bolsonaro and seven other defendants for an alleged coup attempt after losing the 2022 elections.
The first of the four sessions of this sentencing phase was opened by Judge Alexandre de Moraes, the case’s instructor, who will present the first vote in the process in which the far-right leader is accused of five crimes against the democratic order, for which he could be sentenced to about 40 years in prison.
Following the rapporteur’s vote, which is expected to last about two or three hours, the other four judges of the body will speak: Flávio Dino, Luiz Fux, Cármen Lúcia Antunes and Cristiano Zanin, president of the First Chamber of the Supreme Court.
As he did last week during the first sessions of the oral trial, the far-right leader, 70 years old and currently under house arrest, does not plan to appear before the Supreme Court to hear the sentence for health reasons.
On Monday, his lawyers requested permission from De Moraes for him to undergo a small procedure next Sunday at a private hospital in Brasilia to remove skin lesions.
The court has scheduled daily sessions until Friday to convict or acquit Bolsonaro and seven of his former collaborators, including former ministers from his government (2019-2022) and high-ranking military officials.
Six of the eight defendants are members of the Armed Forces, including Bolsonaro himself, who is a reserve captain in the Army.
According to the Public Prosecutor’s Office, the former head of state conspired with his allies to annul the 2022 elections, in which the current ruler, the progressive Luiz Inácio Lula da Silva, prevailed, to impose exceptional measures and to remain in power.
The investigation indicated that the alleged coup plot also sought to arrest various authorities and even launched a plan to assassinate Lula, his vice president Geraldo Alckmin, and judge Alexandre de Moraes.
The Attorney General, Paulo Gonet, acting as the accuser, has requested that the eight defendants be found guilty, but has not suggested a sentence.
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In the event of a conviction, which requires a majority of at least three votes, imprisonment will not be automatic, as appeals could still be made to the Supreme Court itself.
Although considered unlikely, there is also the possibility that one of the magistrates may request more time to analyze the case. If this were the case, the oral trial would be suspended for a maximum of 90 days, resuming at the beginning of December.
