The vote of a Brazilian Supreme Court judge against the charges brought against the country’s former president, Jair Bolsonaro, leaves all options open regarding a future conviction or acquittal of the politician. The South American nation is trying the former president for an alleged attempted coup d’état.
This vote in favor of Bolsonaro leaves the current tally of justices at 2-1 in favor of conviction, creating uncertainty about the outcome of the remaining votes. To determine a sentence — either conviction or acquittal — a majority of 3 out of 5 votes in the same direction is required.
UPDATE: Brazil’s Bolsonaro Sentenced to 27 Years in Prison for Coup
Brazil Supreme Court judge votes for Bolsonaro acquittal
A surprise arose in yesterday’s vote, Wednesday, Sept. 10, in Brazil’s Supreme Court, which is trying former president Jair Bolsonaro (2019–2022) for his alleged involvement in an attempted coup following his electoral defeat in October 2022 and the transfer of power to Luiz Inácio Lula da Silva in January 2023.
Justice Luiz Fux voted in favor of Bolsonaro’s acquittal, opening the door to divisions among the magistrates of this court. In a lengthy presentation of his conclusions, lasting 13 hours, Fux rejected the five charges brought by the Prosecutor’s Office (attempted coup, violent abolition of the democratic rule of law, criminal organization, damage to public property, and deterioration of protected assets).
“There were no executive acts, nor intentional conduct [by Bolsonaro],” argued Justice Fux, who also maintained that “there is no evidence” linking Bolsonaro to the assault on Brasília’s Three Powers Plaza, carried out on Jan. 8, 2023, to prevent the democratic transfer of power in Brazil’s presidency.
Although in his vote Fux acquitted Bolsonaro and the other five defendants, he held Bolsonaro’s former vice presidential candidate, General Walter Braga Netto, and his former right-hand man and whistleblower in the trial, Lieutenant Mauro Cid, responsible for attempting to abolish the democratic rule of law.
A door opens for Bolsonaro’s possible acquittal in Brazil’s Supreme Court
In his argument, Luiz Fux also pointed out that the Supreme Court was not competent to try the former president and called for “the annulment of the entire process” against the far-right politician. In this regard, the magistrate believes the case should be “studied by a lower court,” since it is not the role of the Supreme Court “to conduct political trials.”
This situation opens a door of hope for Bolsonaro’s supporters seeking his acquittal. Senator Flavio Bolsonaro, the former president’s son, called for a “total annulment of the process,” arguing that the magistrate had exposed “political persecution” against his father.
For now, the Supreme Court’s vote stands at 2-1 in favor of conviction. Since a majority of 3 out of 5 is required to determine the sentence, Justice Fux’s vote yesterday initially prevented a final decision by the court. Two judges have yet to vote, and the final verdict rests in their hands.
Among the two justices who voted for Bolsonaro’s conviction is Justice Alexandre de Moraes, who, according to the Prosecutor’s Office, was also the target of an assassination plot.
Moraes accused the former president of leading the alleged criminal organization that sought to carry out a coup d’état, which failed due to lack of support from the military leadership. “Brazil almost returned to a dictatorship,” he said in his argument.
The verdict will not take effect until all the judges have cast their votes. The two justices who have yet to issue their rulings are Carmen Lucia Antunes and Cristiano Zanin, both appointed by President Lula da Silva to the Supreme Court.
If convicted, 70-years-old Jair Bolsonaro could face up to 40 years in prison, although the sentence is subject to appeal. At present, the former president is under house arrest. It should also be recalled that in 2023 Bolsonaro was already convicted in another case, which resulted in an eight-year ban from holding public office.
A trial straining relations between Brazil and the US
The trial of Bolsonaro is at the center of strained political relations between Brazil and the United States. The Trump administration denounced the trial as “a witch hunt” with clear political intent and defended the former president’s innocence.
As a pressure tactic, Trump imposed 50% tariffs on Brazilian exports, in addition to imposing visa restrictions and financial sanctions on officials involved in the judicial process. The Brazilian government has rejected the accusations and considers them interference in the country’s internal affairs.
Meanwhile, Brazilian society is experiencing the trial amid intense political polarization between supporters and opponents of the far-right former president. Bolsonaro’s followers have even called for a parliamentary amnesty.
The final verdict is expected tomorrow, Friday, Sept. 12, when the two remaining Supreme Court justices cast their votes in this historic trial that will determine the future of one of the most controversial political figures in Brazil’s current political landscape.