Majority of Brazilian Supreme Court panel convicts Bolsonaro of attempting a coup

BRASILIA, Brazil (AP) — The majority of a panel of Brazilian Supreme Court justices on Thursday voted to convict former president Jair Bolsonaro of attempting a coup to remain in office despite his 2022 electoral defeat, in a ruling that will deepen political divisions and likely prompt a backlash from the United States government.

The far-right politician who governed Brazil between 2019 and 2022 was found guilty on five counts by three members of a five-justice panel. The latest to rule was Cármen Lúcia on Thursday, a day after another justice, Luiz Fux, disagreed and voted to acquit the ex-president of all charges.

There is only one justice left to vote but with three justices having voted to convict there is the needed majority. Once all five justices have voted, the panel will decide on Bolsonaro’s sentence, which could amount to decades in prison.

Bolsonaro could face decades in prison

The 70-year-old former president, who has denied any wrongdoing, is currently under house arrest.

His lawyers have said that they will appeal the verdict to the full Supreme Court of 11 justices.

Bolsonaro is the first former Brazilian president to be convicted of attempting a coup. He has not attended the court proceedings, and on Thursday morning he was seen at his house's garage but didn't speak to reporters.

Justice Lúcia said she was convinced by the evidence the Attorney General's Office presented against the former president. “He is the instigator, the leader of an organization that orchestrated every possible move to maintain or seize power,” she said.

Trial has divided Brazilians

The trial has been followed by a divided society, with people backing the process against the former president, while others still support him. Some have taken to the streets to back the far-right leader who contends he is being politically persecuted.

Bolsonaro’s trial got renewed attention after U.S. President Donald Trump linked a 50% tariff on imported Brazilian goods to his ally’s legal situation, calling it a “ witch hunt.” Observers say the U.S. might announce new sanctions against Brazil after the trial, further straining their fragile diplomatic relations.

Justice Alexandre de Moraes, who is overseeing the case, said Tuesday that Bolsonaro was the leader of a coup plot and of a criminal organization, and voted in favor of convicting him.

Fux, in his dissenting opinion on Wednesday, disagreed with de Moraes.

“No one can be punished for cogitation,” Fux said. “A coup d’état does not result from isolated acts or individual demonstrations lacking coordination, but rather from the actions of organized groups, equipped with resources and strategic capacity to confront and replace the incumbent power.”

Earlier Thursday, Lúcia also voted to convict Bolsonaro of organized crime in connection with the alleged coup attempt.

Bolsonaro remains a political force

Lúcia allowed de Moraes to interrupt her vote and play several videos that showed Bolsonaro in front of thousands of supporters between 2021 and 2023 urging him to leave the Supreme Court. De Moraes also showed footage of some destruction inside the court's headquarters after the riots on Jan. 8, 2023.

Bolsonaro faced accusations he attempted to illegally hang onto power after his 2022 electoral defeat to current President Luiz Inacio Lula da Silva.

Prosecutors charged Bolsonaro with counts, including attempting to stage a coup, being part of an armed criminal organization, attempted violent abolition of the democratic rule of law, as well as being implicated in violence and posing a serious threat to the state’s assets and listed heritage.

“Bolsonaro attempted a coup in this country, and there is hundreds of pieces of evidence,” Lula said early Thursday in an interview with local TV Band, ahead of the trial. The full interview was scheduled to air during the evening newscast.

Despite his legal woes, Bolsonaro remains a powerful political player in Brazil.

The far-right politician had been previously banned from running for office until 2030 in a separate case. He is expected to choose an heir who is likely to challenge President Luiz Inácio Lula da Silva next year.

The ruling may push Bolsonaro’s allied lawmakers to seek some amnesty for him through Congress.

A full debate on sentencing is expected for Friday. After that, the embattled former leader could face increased pressure to pick a political heir to likely challenge Lula in the general elections next year. A conviction could also compel allied lawmakers to seek some amnesty for the former president through Congress.

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