Five justices from Brazil’s Supreme Court have concluded the first day of proceedings as they weigh whether former President Jair Bolsonaro will stand trial for an alleged coup attempt following his loss in the 2022 election.
Prosecutor-General Paulo Gonet argued on Tuesday that Bolsonaro oversaw a conspiracy to overthrow the government, including alleged plans to poison his election rival, President Luiz Inacio Lula da Silva, and kill Supreme Court Justice Alexandre de Moraes.
Gonet told the five-member panel that Bolsonaro had used criminal means to try and remain in office “regardless of the outcome of 2022 elections”.
For a criminal trial to proceed, a majority of the five justices must vote in favour. They are expected to render a decision by Wednesday. De Moraes is among the judges considering the case.
Tuesday’s hearing is the result of Gonet’s decision to file formal charges against Bolsonaro and 33 allies on February 18. Gonet told the justices that there was a preponderance of evidence against the defendants.
“The criminal organisation documented its project, and during the investigations, manuscripts, digital files, spreadsheets and exchanges of messages were found,” Gonet said.
Bolsonaro faces five counts, including “attempted violent abolition of the democratic state of law” and damaging government property. Federal police initially indicted him in an 884-page report in November.
The far-right Bolsonaro and his allies have decried the charges as part of an elaborate conspiracy by their political rivals to prevent him from running for president again.
Already, in 2023, a panel of judges decided to ban Bolsonaro from holding public office until 2030, on the basis that he used his power as president to sow doubt about the country’s voting system.
But Bolsonaro has denied any wrongdoing. He faces an array of investigations and probes, some related to his actions during the 2022 election and others pertaining to accusations of money laundering and other crimes.
“I am innocent,” Bolsonaro said in a podcast on Monday. “I have no doubt that, in 30 days at the most, they will kill me.” He did not specify who had threatened him.
Speaking to reporters the next day at Brasilia’s airport, Bolsonaro nevertheless expressed hope that the justice system would exonerate him.
“I’m fine. I always hope for justice. Nothing is substantiated in the accusations, made in a biased way, by the federal police,” Bolsonaro said.
The accusations centre on the lead-up and aftermath of the 2022 elections. Even before the first vote was cast, Bolsonaro spread false rumours that Brazil’s electronic voting system could not be trusted.
The race between Bolsonaro, the incumbent, and the left-leaning Lula was tight. But in a run-off election on October 30, 2022, Lula prevailed by narrow margins, earning 50.9 percent of the vote.
Bolsonaro, however, did not publicly acknowledge defeat. Instead, he and his allies sought to challenge his loss with a legal complaint, which was ultimately tossed for lack of evidence.
His supporters, meanwhile, flooded the streets, with truckers blocking major roadways. The police headquarters in the capital, Brasilia, was attacked, and a bomb threat was allegedly uncovered in the lead-up to Lula’s inauguration.
But tensions reached a peak on January 8, 2023, just days after Lula was sworn in.
On that day, thousands of Bolsonaro’s supporters stormed the Three Powers Plaza in Brasilia, breaking into buildings representing the country’s Congress, presidency and Supreme Court. Congress was not in session at the time, nor was Lula in residence.
Brazil’s federal police have since accused Bolsonaro and his allies of attempting to trigger a “state of siege” that would allow the military to topple the government.
Both allies and critics have compared Bolsonaro with United States President Donald Trump, who likewise rejected a past election defeat as fraudulent – without proof.
For Trump, that loss came in 2020, when he was bested by Democrat Joe Biden. Trump has since returned to office after winning the 2024 race.
Bolsonaro’s allies have indicated they hope that Trump, now serving a second term, could use the US’s influence to push Brazilian authorities to drop the case and clear the way for Bolsonaro to make another presidential bid.
Bolsonaro has expressed a strong affinity for Brazil’s military dictatorship, which ruled the country from 1964 through 1985.
Crowds of his supporters gathered in front of military barracks after the 2022 election, calling for the armed forces to intervene and stop Lula from taking power.
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