Bolsonaro Faces Trial Over Alleged Coup Attempt and Criminal Organization

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Bolsonaro Faces Trial Over Alleged Coup Attempt and Criminal Organization
BrazilJair BolsonaroCoup
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Former Brazilian President Jair Bolsonaro and seven associates are set to stand trial on charges including attempting to stage a coup and involvement in an armed criminal organization after his 2022 election defeat. The Supreme Court will review evidence and hear testimonies.

Brazil 's former President Jair Bolsonaro and seven associates will face trial on five charges, including the alleged attempt to orchestrate a coup after his defeat in the 2022 election. The Supreme Court panel tasked with hearing the case will scrutinize existing evidence, potentially gather new evidence, and receive testimonies from witnesses.

Legal experts anticipate Bolsonaro could be sentenced to up to 40 years in prison, although his actual incarceration time, should he be convicted, would likely be less due to procedural considerations. The charges against Bolsonaro include attempting to stage a coup, participation in an armed criminal organization, attempting to violently abolish the democratic rule of law, inflicting damage characterized by violence and a serious threat against state assets, and deterioration of listed heritage. These charges stem from a federal police investigation that identifies Bolsonaro as the head of a criminal organization that has been active since at least 2021, led byProsecutor-General Paulo Gonet.While a specific trial date has yet to be set, the chairman of the Supreme Court panel, Cristiano Zanin, is expected to outline the procedural framework in the coming days. Eloísa Machado, a law professor at the Fundacao Getulio Vargas university in Sao Paulo, explained that the evidentiary phase of the criminal case, encompassing defendant interrogations, witness testimonies, and further procedures such as expert examinations, will commence. Many of these procedures will be conducted by auxiliary judges. Subsequently, the rapporteur will prepare a report and request a trial date. After this stage, prosecutors and defense attorneys will present their final arguments before the court renders a verdict on whether to acquit or convict.Bolsonaro's defense team had requested the case to be sent to the full Supreme Court, rather than the 5-justice panel, a move that could potentially delay a ruling until 2026 as all 11 justices would have to weigh in on the case. However, this request was denied. The other four justices on the panel are Cármen Lúcia, known for her stringent stance on criminal cases; Flávio Dino, appointed by leftist President Lula in 2023; and Alexandre de Moraes, who has been involved in several high-profile corruption cases. Brazil’s criminal law mandates that arrests occur only after a final, unappealable conviction. The Supreme Court of Brazil, as the final appeals tribunal for criminal cases involving public authorities, holds ultimate jurisdiction over Bolsonaro's case. If the former president takes any actions that impede the court's ability to issue its ruling, such as seeking asylum in an embassy, he could face arrest before the trial's conclusion.Bolsonaro, who has been accused of abuse of power and undermining faith in the nation's voting system, maintains his innocence and claims he is the target of political persecution. Responding to Wednesday's Supreme Court decision, Bolsonaro stated, “If I go to jail, I will give you a lot of work.” The inclusion of high-ranking military officials in Bolsonaro's case is unprecedented. Four prominent military figures who served under Bolsonaro will also stand trial: former Defense Minister Paulo Sérgio Nogueira; former Navy commander Almir Garnier Santos; retired General Augusto Heleno, who headed the Institutional Security Office; and retired General Walter Braga Netto, who functioned as Bolsonaro's chief of staff and defense minister. João Roberto Martins Filho, a political science professor at the Federal University of Sao Carlos and former president of the Brazilian Association of Defense Studies, commented, “Four-star generals accused of plotting a coup are now likely to be convicted and punished under Brazil’s democratic legal system

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