Brazil’s Supreme Court Sentences Former President Bolsonaro

On Tuesday, Judge Alexandre de Moraes from Brazil’s Supreme Federal Court (STF) issued a ruling stating that former conservative President Jair Bolsonaro must start serving a sentence of 27 years and three months for “crimes against democracy.”

Bolsonaro has officially begun his prison term at the Federal Police Regional Supervision Office in Brasilia. This comes after his arrest over misconduct, and he is currently monitored with an electronic ankle bracelet.

According to a press release from the STF, “The defense has allowed the deadline for a new motion for explanation to pass without any response. Sentenced to 27 years and three months in prison, the former president will now be at the Federal Police Regional Supervision Office, where he is already in preventive detention.”

De Moraes’ latest decision concludes the STF’s “coup” trial against Bolsonaro, who was found guilty of attempting to overturn the results of the contentious 2022 presidential election. Bolsonaro narrowly lost to radical leftist President Luiz Inacio Lula da Silva, who is currently serving his third term and plans to run again in 2026.

The STF convicted Bolsonaro for “attempting the violent abrogation of the democratic rule of law, coup d’état, participation in an armed criminal organization, inflicting harm and degrading designated heritage sites,” resulting in a sentence of over 27 years.

As of now, the STF has yet to make a decision regarding Bolsonaro’s potential transfer to a maximum-security prison. According to CNN Brazil, despite the length of his sentence, Bolsonaro might serve only five to seven years in a maximum-security facility. This is because Brazilian law allows first-time offenders to transfer to a different prison after completing a minimum term. The duration of his imprisonment will be influenced by the severity of the five charges he was convicted of and also requires good behavior.

This conviction means Bolsonaro is barred from holding any public office throughout his sentence. CNN Brazil also reported that he faces an additional eight-year ban post-sentence, effectively preventing him from participating in politics for 35 years. This means he could not run for president again until 2060, when he would be 105 years old, assuming he is still alive.

Last week, De Moraes denied a request from Bolsonaro’s legal team for house arrest on humanitarian grounds. Despite various health issues, which have worsened since a failed assassination attempt in 2018, the judge dismissed the plea. The attacker, known as Adelio Bispo de Oliveira, claimed he was “commanded by God” to kill Bolsonaro.

This year, Bolsonaro underwent extensive emergency surgery due to complications from the assassination attempt. It was described by his medical team as the “most complex” procedure since the initial surgery following the stabbing incident. Recently, in September, he was also diagnosed with skin cancer.

Experts discussing the possibility of house arrest indicated it would rely on medical assessments and evaluations of the prison system, all subject to De Moraes’ review. “This measure will only be authorized if there is a proven incompatibility between the clinical symptoms and the closure regime,” one expert noted.

Judge De Moraes has gained significant attention in the U.S. recently, especially after sanctions were imposed on him under the Global Magnitsky Act in July, in response to ongoing repression and censorship of Bolsonaro and his allies.

On Tuesday, at the request of Bolsonaro’s lawyers, De Moraes allowed for special meals to be delivered to him at the federal police facility, though these can only come from people designated by his legal team and must be inspected before delivery. Concerns over his nutrition have been voiced by former first lady Michelle Bolsonaro, who fears inadequate food in prison could deteriorate his health, as Bolsonaro has reportedly refused meals prepared by the authorities.

Bolsonaro has been under strict house arrest since August, mandated by De Moraes. Recently, he was taken into custody for tampering with his electronic monitoring device.

During his arrest, he expressed experiencing hallucinations and allegedly used a soldering iron on the device. His medical team informed police that a different doctor had prescribed medication to him, which, in conjunction with his regular medications, led to notable side effects, including confusion.