Verdict and sentencing phase begins in Jair Bolsonaro coup trial in Brazil
It is the first time high-ranking officials accused of an attempted coup are being subjected to a criminal trial.
Brazil’s prosecutor-general has argued that former president Jair Bolsonaro and his allies plotted to overthrow democracy through a series of interconnected events aimed at keeping him in power illegally, as the ex-leader’s coup trial entered the verdict phase.
The former president is accused of conspiring to stage a coup to stay in power despite losing the 2022 presidential election to current President Luiz Inacio Lula da Silva.
Bolsonaro denies any wrongdoing, and has repeatedly said the trial is a politically motivated attack on spurious charges.
Prosecutor-general Paulo Gonet pointed to evidence that, after the October 2022 vote, Bolsonaro summoned top Cabinet and military officials to discuss issuing an emergency decree to halt the election result by suspending powers of the electoral court and investigating suspicions of voting fraud.
“It doesn’t take extraordinary intellectual effort to recognise that when the president of the republic and then the defence minister summon the military leadership to present a document formalising a coup d’etat, the criminal process is already under way,” Mr Gonet said.
Mr Gonet argued that the “shocking and grim picture” outlined in the indictment cannot be understood as a “narrative of isolated facts”.
He said the plan to keep Bolsonaro in power also involved several other elements, including previous efforts to sow doubt in Brazil’s electronic voting system and a riot by Bolsonaro supporters on January 8 2023, after Mr Lula was inaugurated.
Prosecutors also have alleged that the plot included a plan to kill Mr Lula and one of the Supreme Court justices.
“Failing to criminally repress attempts of this nature, as shown by accounts both here and abroad, strengthens authoritarian impulses. This, therefore, fuels fundamentalism and puts a civilized way of life at risk,” Mr Gonet said.
Bolsonaro’s defence has argued that the prosecution’s case is undermined by the fact that the emergency decree was never issued and that the ex-leader allowed the transition to Mr Lula to go forward.
Bolsonaro is under house arrest and was not present at the court on Tuesday.
His lawyer Celso Vilardi told journalists that was because of Bolsonaro’s ill health.
The trial’s verdict and sentencing phase started about 9am local time on Tuesday, and the court panel has scheduled sessions on five days through to September 12 to decide whether Bolsonaro is guilty.
“History teaches us that impunity, omission, and cowardice are not options for peace,” Justice Alexandre de Moraes said as the trial commenced.
Mr De Moraes, who is presiding over the case and is considered a foe by Bolsonaro, also said that the role of the Supreme Court is to judge impartially “regardless of threats or legal action, ignoring internal or external pressure”.
That was an indirect swipe at US President Donald Trump, who directly tied a 50% tariff on imported Brazilian goods to his ally’s judicial situation.
Mr Trump has called the proceedings a “witch hunt” against a political opponent, triggering nationalist reactions from many Brazilian politicians.
On Monday night, his sons Carlos and Jair Renan prayed along with other supporters during a vigil at the condominium where he is serving house arrest.
The former leader was charged with five counts: attempting to stage a coup, involvement in an armed criminal organisation, attempted violent abolition of the democratic rule of law and two counts involving destruction of state property.
A guilty verdict on the coup plot charge alone carries a sentence of up to 12 years.
Seven other close allies of Bolsonaro are being tried alongside the former president, including Walter Braga Netto, his former running mate and defence minister, and Paulo Sergio Nogueira, another former defence minister.
