A five-member panel of Brazil’s Supreme Court has formed a majority to reject former President Jair Bolsonaro’s appeal challenging his 27-year prison sentence for plotting a coup to remain in power after the 2022 presidential election.
The 70-year-old far-right firebrand was found guilty by the same court in September of attempting to prevent President Luiz Inacio Lula da Silva from taking power. Prosecutors said the plan failed only because of a lack of support from the military’s top brass.
Justices Flavio Dino, Alexandre de Moraes and Cristiano Zanin voted to reject the appeal filed by Bolsonaro’s legal team. The remaining members of the panel have until November 14 to cast their votes in the Supreme Court’s system.
The former president will begin serving his sentence only after all appeals are exhausted.
Bolsonaro has been under house arrest since August for violating precautionary measures in a separate case. His lawyers are expected to request that he be allowed to serve his sentence under similar conditions due to health concerns.
Bolsonaro’s lawyers argued there had been “profound injustices” and “contradictions” in his conviction, and sought to have his prison sentence reduced.
Three of the Supreme Court judges weighing the appeal voted to reject it on Friday.
However, the result is not considered official until the court-imposed deadline at midnight on November 14.
Alexandre de Moraes, who presided over the trial, was the first to cast his vote electronically and wrote that arguments by Bolsonaro’s lawyers to have his sentence reduced were “without merit”.
Moraes, in a 141-page document seen by AFP, rejected defence claims they had been given an overwhelming amount of documents and digital files, preventing them from properly mounting their case.
He also rejected an argument that Bolsonaro had given up on the coup, saying it failed only because of external factors, not because the former president renounced it.
Moraes reaffirmed that there had been a deliberate coup attempt orchestrated under Bolsonaro’s leadership, with ample proof of his involvement.
He again underscored Bolsonaro’s role in instigating the January 8 assault on Brazil’s democratic institutions, when supporters demanded a military takeover to oust Lula.
‘Ruling justified’
Moraes ruled that the sentence of 27 years and 3 months was based on Bolsonaro’s high culpability as president and the severity and impact of the crimes. Moraes said Bolsonaro’s age had already been considered as a mitigating factor.
“The ruling justified all stages of the sentencing process,” Moraes wrote.
Two other judges voted in the same way shortly afterwards.
Because of health problems stemming from a stabbing attack in 2018, Bolsonaro could ask to serve his sentence under house arrest.
The trial against Bolsonaro angered his ally, US President Donald Trump, who imposed sanctions on Brazilian officials and punitive trade tariffs.
However, in recent months, tensions have thawed between Washington and Brasilia, with a meeting taking place between Trump and Lula and negotiations to reduce the tariffs.
An initiative from Bolsonaro supporters in Congress to push through an amnesty bill that could benefit him fizzled out after massive protests around the country.
Brazil’s large conservative electorate is currently without a champion heading into 2026 presidential elections, in which Lula, 80, has said he will seek a fourth term.
