Bolsonaro’s Coup Trial: All You Should Know About the Verdict and Sentencing Phase

The verdict and sentencing phase of former Brazilian President Jair Bolsonaro’s coup trial is set to kick off on September 2 at the Supreme Court in Brasilia. A five-justice panel has until September 12 to rule on his fate, foreign media reported.

The 70-year-old, who is under house arrest and reportedly wears an ankle monitoring device, is facing potential prison time exceeding 30 years. He has been charged with orchestrating attempts to stay in power after losing the 2022 election.

US President Donald Trump has called the trial a “witch hunt” and linked it to Brazil-US trade tensions, in turn drawing global attention.

Opening Day: How the Process Begins

Justice Cristiano Zanin, who previously represented President Luiz Inacio Lula da Silva, is expected to open proceedings as panel chair. Alexandre de Moraes, the rapporteur and Bolsonaro’s frequent target, will deliver the case summary. 

Prosecutor-General Paulo Gonet will then present the charges for roughly an hour, according to The Associated Press. Each defense attorney – starting with ex-aide Mauro Cid who cut a plea bargain – will get equal time to speak, the report said.

The Charges and What They Mean

Bolsonaro, reports suggest, is facing five criminal charges, each with its own maximum sentence:

Attempting to stage a coup (up to 12 years): Includes evidence like documents to annul the election and encouragement of the January 8, 2023, attacks on government buildings.
Leading an armed criminal organisation (up to 8 years): Alleged to include threats against Justice de Moraes.
Attempting violent abolition of democratic rule (up to 8 years).
Violent damage to state property (up to 3 years): The January 2023 riots reportedly caused approximately 20 million reais ($3.7 million) in damage.
Deterioration of listed heritage (up to 3 years): Involves destruction of historic artefacts during protests. 

If convicted across these counts, sentencing could total decades behind bars, though the maximum punishment for coup-related activity alone is 12 years prison sentence.

How the Court Will Vote

After closing arguments, the panel will review final legal requests, and then vote. A majority of three out of five is needed for a conviction, per Houston Chronicle. Following the verdict, each judge can recommend sentences, and discrepancies are ironed out by averaging. 

Appeals and Possible Sentencing

Bolsonaro can appeal to the full Supreme Court, comprising the six justices outside the trial panel. This body won’t retry the whole case but will review specific contested rulings. If upheld, Bolsonaro would likely serve time in a special facility – he’s eligible due to his military background – possibly within the Army headquarters or the Federal Police building in Brasilia, The Associated Press reported.

The charges stem from investigations into coordinated moves to allegedly derail Brazil’s democratic transition, spanning January 8, 2023 insurrection and beyond. Since March, a Supreme Court panel moved to trial phase after unanimous votes and months of testimony.