12.06.2025

Bolsonaro Testifies in Supreme Court Coup Trial

SAO PAULO (AP) — Brazil’s former president Jair Bolsonaro has finally testified before the country’s Supreme Court over an alleged plot to remain in power and overturn the 2022 election result

SAO PAULO (AP) — Brazil's former president Jair Bolsonaro has finally provided testimony before the country’s Supreme Court regarding an alleged plot to maintain his presidency and overturn the results of the 2022 election. This comes after Bolsonaro and 33 others were charged in February with five counts linked to a scheme aimed at sustaining his rule. Currently, a five-Justice panel from Brazil’s apex court has commenced a trial for eight of these defendants, including the former leader, with hearings for 26 additional defendants scheduled over the coming months.

Bolsonaro has categorically denied the allegations, claiming he is the victim of political persecution. However, he adopted a mild demeanor in his testimony presented on Tuesday. The case pertains to a January 8, 2023, riot where the Supreme Court, Congress, and the Presidential Palace in Brasilia were overrun by thousands of Bolsonaro's supporters. Authorities categorize the insurrection—as the tumult arose following the inauguration of current President Luiz Inácio Lula da Silva—as an attempt to instigate military intervention and displace the new leader.

If found guilty of the alleged coup, Bolsonaro could face a sentence of up to 12 years in prison. When combined with additional charges, the defendants, including Bolsonaro, could confront decades of incarceration. Moreover, the proceedings may continue beyond any potential conviction, as Bolsonaro retains the right to appeal to the full panel of Brazil’s Supreme Court.

Looking ahead in the trial process: the current testimonies of the eight defendants mark the concluding phase of evidence collection. Defendants’ attorneys have the option to request further evidence-gathering actions, although it is considered unlikely that Justice Alexandre de Moraes, who is presiding over the trial, will grant such requests. The evidence phase will be officially concluded following de Moraes’ decisions on these requests.

Fifteen days following the end of the evidence collection, Brazil's attorney-general will have the opportunity to submit final allegations, with the defendants' attorneys allowed to present their responses in a similar manner. Both these presentations are expected to extend over several hours or even take days to complete, ideally, before July, when the Supreme Court typically enters its recess until August. Once this stage is completed, the trial will advance into the sentencing phase.

During sentencing, a panel of five judges will determine the guilt or innocence of Bolsonaro and his associates. This panel includes de Moraes, Cármen Lúcia, Cristiano Zanin, Flávio Dino, and Luiz Fux, all of whom have had public disputes with Bolsonaro in the past. Should he be found guilty, these judges will also be responsible for setting the penalty.

If Bolsonaro is convicted, he would still have the right to appeal to the full panel of Brazil’s Supreme Court. Similarly, Brazil’s top prosecutor could appeal should the former president not be convicted on all charges. Before any potential incarceration, Bolsonaro’s legal team might further postpone the trial's resolution by requesting clarifications on each judge's rulings. Legal analysts predict that these proceedings are likely to conclude by the end of the year.

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Mauricio Savarese, The Associated Press