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Brazil: Supreme Court moves forward in the conviction of former president Jair Bolsonaro for alleged coup plotting

With the support of Justice Flávio Dino for the rapporteur Alexandre de Moraes, there are already two (out of five) judges who consider the leader guilty of attempting to undermine the democratic regime. The final decision could be known this Friday.

Brazilian Supreme Court Justice Alexandre de Moraes (Archive) (Photo by EVARISTO SA / AFP)

Brazilian Supreme Court Justice Alexandre de Moraes (Archive) (Photo by EVARISTO SA / AFP)AFP / File

Agustina Blanco
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The First Chamber of Brazil's Supreme Federal Court (STF) began the trial against ex-president Jair Bolsonaro, allegedly accused of leading a conspiracy to prevent the investiture of President Luiz Inácio Lula da Silva after the October 2022 elections.

With magistrate Flávio Dino supporting rapporteur Alexandre de Moraes, two of the five judges have already found the leader guilty of attempting to undermine the democratic regime. The final ruling is expected this Friday.

The judicial process

The indictment, filed by the Prosecutor's Office, points to Bolsonaro and seven collaborators, including former ministers and military chiefs, as responsible for a plot to subvert the democratic order and prevent Lula from assuming power. According to the dossier, the plot began to take shape in 2021 and intensified after Bolsonaro's electoral defeat in 2022. The events include road blockades, foiled attacks, and the installation of camps in front of military barracks, where far-right activists demanded military intervention, according to the report by Infobae.

Justice Flávio Dino, who joined the Supreme Court in February 2024 after serving as Lula's Minister of Justice, stated that Bolsonaro was the "dominant figure" of a "criminal organization" with total control over the facts. "There was violence and a serious threat," Dino stressed, highlighting the strategic location of the camps in front of barracks "where there are rifles, machine guns, and tanks." According to his analysis, the other defendants played a secondary role, which could result in lighter sentences for them.

Alexandre de Moraes, for his part, has led a trial that the defendants' defense attorneys have questioned for alleged "partiality." However, the appeals filed were unanimously rejected by the five judges of the First Chamber.

Next steps in the trial

The process continues this week with the interventions of judges Luiz Fux, Cármen Lúcia Antunes, and Cristiano Zanin, president of the Chamber, who have yet to cast their votes.

The hearings are scheduled to resume on Wednesday and Thursday, and the sentences are expected to be announced on Friday. In that context, de Moraes will present his proposed sentences for each defendant, which the court will then debate.

U.S. sanctions against Alexandre de Moraes

The Trump Administration imposed a series of measures and sanctions against Judge Alexandre de Moraes, accusing him of human rights abuses, arbitrary arrests, censorship, and politicized judicial proceedings, especially in the trial against former president Jair Bolsonaro.

The Treasury Department, through the Office of Foreign Assets Control (OFAC), imposed sanctions under the Global Magnitsky Act, blocking any Moraes assets in U.S. territory and prohibiting transactions with U.S. persons or entities.

These actions follow the revocation of his visa and that of his immediate family members by the State Department for his role in censorship campaigns against U.S. citizens.

Treasury Secretary Scott Bessent described Moraes as responsible for a "witch hunt" that threatens U.S. interests and freedoms.

For his part, President Donald Trump imposed a 50% tariff on most Brazilian products, effective Aug. 6, in response to the political persecution against Bolsonaro and his supporters, considered a serious violation of human rights, but about 700 key products, such as aircraft, energy, and orange juice, were exempted to mitigate economic impacts.
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