Brazil’s Supreme Court Sentences Bolsonaro

On Thursday, Brazil’s Supreme Federal Court (STF) handed down a 27-year and three-month prison sentence to former President Jair Bolsonaro. This marked the first conviction for a “crime against democracy” for Bolsonaro, stemming from his involvement in what was described as a “failed coup.”

Bolsonaro was found guilty alongside six others for participating in a “violent attempt to abolish democratic rule, join an armed criminal organization, and worsen damages.” A panel of five STF judges delivered the verdict, with Alexandre de Moraes, Flavio Dino, Louise Fuchs, Carmen Lucia, and President Cristiano Zanin taking part in the deliberations. Fuchs was the only judge who voted to acquit him.

Following a lengthy session that lasted 15 hours, it was confirmed that Bolsonaro conspired with a group of over 30 individuals with the aim of overturning the 2022 presidential election results. He had been narrowly defeated by the current leftist president, Lucio Lula da Silva, who is now in his third term.

Judge Lucia, one of those voting for conviction, pointed out that since 2021, Brazil has seen a “social and political environment that encourages anti-democratic sentiments.” She emphasized that the events of January 8, 2023, were not insignificant.

Lucia asserted that the Brazilian Prosecutor’s office demonstrated the existence of a criminal organization led by Bolsonaro, aiming to damage governmental institutions and undermining justice. She noted the involvement of “digital militias” that spread information undermining the electoral system.

The trial concerning the “coup” is only a part of ongoing legal challenges faced by Bolsonaro since he left office in January 2023. Notably, under Brazil’s Clean Slate Act, he will face an additional eight-year ban from public office following his prison term, which effectively puts an end to his political career. Bolsonaro’s legal team has the option to appeal before he starts serving his sentence.

As of now, Bolsonaro is prohibited from making public comments about his conviction and has faced restrictions, including a ban from social media and phone use. His lawyers are reportedly considering challenging the conviction in international courts for what they allege are violations of fundamental rights.

In response, Secretary of State Marco Rubio expressed discontent over the ruling, referring to it as a case of political persecution and stating that the U.S. would react appropriately to what he termed a “witch hunt.”

The Brazilian government, through its Ministry of Foreign Affairs, pushed back against Rubio’s statements, asserting that no threats to democracy had occurred, despite the evidence presented.

Mauro Cid, a former aide to Bolsonaro who has come forward as a whistleblower, received a two-year prison sentence and plans to relocate to the U.S. after serving his time in Brazil.

In another twist, in late July, former President Donald Trump labeled Bolsonaro’s situation as a form of political persecution and categorized Brazil as a national security threat to the United States, imposing tariffs on Brazilian goods as a response.