Verdict and sentencing phase of 'historic' attempted coup trial of Brazil’s Bolsonaro begins

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 President Donald Trump, who directly tied a 50% tariff on imported Brazilian goods to his ally’s judicial situation. Trump has called the proceedings a “witch hunt” against a political opponent, triggering nationalist reactions from many Brazilian politicians.

Bolsonaro, who denies any wrongdoing, has repeatedly said the trial is politically motivated.

He 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.

Bolsonaro is already banned from elections

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 organization, 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 defense minister, and Paulo Sérgio Nogueira, another former defense minister.

Brazil’s top electoral court has already banned Bolsonaro from running in elections until 2030 over abuse of power while in office and casting unfounded doubts on the country’s electronic voting system. A federal police investigation said efforts to disseminate fake news about Brazil’s voting system were part of a multipronged plan to keep Bolsonaro in office.

The prosecution in the coup trial has alleged that the plot included a plan to kill Lula and de Moraes. It also says that a riot on Jan. 8, 2023, when Bolsonaro supporters ransacked top government buildings a week after Lula took office, was an attempt to force military intervention and oust the new president.

Trial arguments wrapped up in August

During the trial, the prosecution presented handwritten notes, digital files, message exchanges, and spreadsheets that they said were evidence of the conspiracy to keep Bolsonaro in power.

Defense lawyers argued that the fact that Bolsonaro allowed the presidential transition to take place after the election undermines the allegation that he plotted to thwart it.

The prosecution finished presenting its case in July and the defense wrapped up its arguments mid-August.

Shortly thereafter, police accused Bolsonaro and his son Eduardo of obstruction of justice, saying the ex-president wanted to flee to Argentina last year and request political asylum.

Eduardo Bolsonaro moved to the U.S. earlier this year despite holding a seat in Brazil’s Congress and has sought sanctions against de Moraes. The Trump administration imposed sanction on de Moraes in late July, freezing any assets he might have in the U.S.

Authorities see Bolsonaro as a flight risk. In the lead up to the verdict and sentencing phase, the Supreme Court ordered further security measures. On Saturday, De Moraes permitted the inspection of vehicles leaving Bolsonaro’s residence and mandated in-person surveillance of the area surrounding his home.

‘Breaks with tradition of military coup’

Experts have labeled Bolsonaro’s trial as ‘historic’ and highlighted that it’s the first time high-ranking officials accused of an attempted coup are being subjected to a criminal trial.

A military dictatorship ruled Brazil for more than two decades between 1964 and 1985, an era for which Bolsonaro has expressed nostalgia. The government passed a sweeping Amnesty Law in 1979 and Brazil never prosecuted any of the military officials responsible for the widespread human rights violations during that era.

Brazil’s violent past has yet to be fully reckoned with, but this trial marks a historic departure from impunity, said Lucas Figueiredo, the author of several books about the country's most recent dictatorship.

“History will tell whether it is 100% successful, but what we are seeing today is a movement that breaks with a tradition of military coups,” he said.