One of the charges is defined as an attempt to overthrow through violence a legitimately constituted government.

On Wednesday, Brazil’s Supreme Federal Court (TSF) reached the necessary majority to indict former President Jair Bolsonaro and seven others for their involvement in an attempted coup d’état.

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Their conspiration took place after the 2022 presidential elections in which Bolsonaro was defeated by Workers’ Party leader Lula da Silva.

Bolsonaro did not participate in person in the second day of his trial. His legal team claimed to fear that the TSF judges would order the far-right politician to be held in pretrial detention or to wear an electronic anklet to prevent a possible asylum attempt or escape from the country.

The former president has been charged with five crimes, each carrying penalties ranging from six months to 12 years in prison. In total, Bolsonaro could face up to 40 years in prison, although Brazilian law limits deprivation of liberty to 30 years. The charges are as follows:

1. Coup d’Etat

The most serious of all the charges against Bolsonaro, carrying a penalty of four to 12 years in prison, is defined by law as the “attempt to overthrow, through violence or serious threat, the legitimately constituted government.”

The Prosecutor’s Office states that this intent was reflected in the “recurrent attacks” on the electoral process, the “improper manipulation” of security forces to interfere in the elections, and “the summoning of the high command of the Army to obtain military support” for a supposed decree aimed at annulling the election results.

2. Attempt to Violently Abolish the Democratic Rule of Law

Brazilian law imposes a penalty of four to eight years in prison for this offense. While closely related to the crime of a coup d’etat, this charge specifically focuses on the attempt to “prevent or restrict the exercise of constitutional powers,” which includes the Legislative and Judicial branches and is not limited to the Executive.

According to the Prosecutor’s Office, Bolsonaro and the other defendants undermined constitutional powers in the eyes of public opinion and “incited violence against their structures,” referring to the violent invasion of the legislative, judicial, and executive branch headquarters in Brasilia on January 8, 2023. The defendants also planned the assassination of then-president-elect Lula da Silva and a Supreme Court judge.

3. Armed Criminal Organization

The Prosecutor’s Office accuses Bolsonaro of leading an armed criminal organization, a crime punishable by three to eight years in prison, with the possibility of increased penalties if aggravating factors apply—such as if the accused exercised command, was a public official, or if the crime involved the use of firearms.

Under Bolsonaro’s leadership, this criminal organization developed with a “hierarchical order,” had a “strong influence from military sectors,” and exhibited a “division of tasks” among its members.

4. Destruction of Protected Property

This crime carries a penalty of one to three years in prison for anyone who acts to “destroy, disable, or deteriorate” assets protected by law.

The scheme led by Bolsonaro provided “moral and material” support to the mob that violently invaded the headquarters of the three branches of government, causing damages estimated at at least US$4.6 million.

5. Aggravated Damage to Public Property

Defined as damage committed with violence and causing “considerable” harm to the victim, this crime carries a prison sentence of six months to three years. It is also linked to the destruction that took place during the events of January 8.

teleSUR/ JF

Source: Brasil de Fato – EFE – teleSUR

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