Brazil puts former Prez Bolsonaro on trial: What's at stake in verdict, sentencing; coup charges carry 30-year prison risk

The verdict and sentencing phase in the coup trial of former Brazilian President Jair Bolsonaro begins Tuesday at the Supreme Court in Brasilia. The 70-year-old former leader faces charges that could carry more than 30 years in prison for allegedly attempting to remain in power after losing the 2022 election.

A five-justice panel has until September 12 to reach a decision. Bolsonaro, who denies wrongdoing, is under house arrest and monitored by an ankle bracelet. It remains unclear whether he will appear in court.

The proceedings have gained global attention after former US President Donald Trump, a close ally, described the trial as a “witch hunt” and linked a 50 per cent tariff on Brazilian imports to Bolsonaro’s case. The comments triggered strong nationalist reactions from Brazilian leaders, including President Luiz Inácio Lula da Silva.

The trial opening and process

The session will open at 9 am local time on September 2 under Justice Cristiano Zanin, a former lawyer for Lula who chairs the panel. He will call on Justice Alexandre de Moraes, rapporteur of the case and a known Bolsonaro critic, to present a detailed report.

Prosecutor-General Paulo Gonet will then read the charges against Bolsonaro, his former aide Mauro Cid — who struck a plea deal — and six other allies. Defence lawyers will follow in alphabetical order of their clients’ names.

The accused include former intelligence chief Alexandre Ramagem, ex-Navy commander Almir Garnier, former Justice Minister Anderson Torres, ex-security cabinet chief Augusto Heleno, Bolsonaro himself, former Defence Minister Paulo Sérgio Nogueira and former Chief of Staff Walter Braga Netto.

The charges and penalties

Bolsonaro and his co-defendants face five charges, though prosecutors accuse him of masterminding the alleged coup plot.

• Attempting to stage a coup: Bolsonaro is accused of trying to overturn Lula’s victory through an unsigned document seeking to invalidate the election and allegedly encouraging the storming of government buildings on January 8, 2023. Maximum sentence: 12 years.
• Armed criminal organisation: Prosecutors allege he led a structured group threatening to use weapons against Justice de Moraes. Maximum sentence: eight years.
• Attempted violent abolition of democratic rule of law: Accused of undermining Brazil’s democracy. Maximum sentence: eight years.
• Damage with violence and threats to state assets: Linked to the ransacking of the presidential palace, Supreme Court, and Congress on January 8, which caused damage worth about 20 million reais (USD 3.7 million). Maximum sentence: three years.
• Deterioration of listed heritage: Supporters allegedly destroyed historical artefacts including a 17th-century clock, paintings and books. Maximum sentence: three years.

The verdict and possible sentencing

Once the charges and defence arguments are heard, the five justices will vote. A majority of three is enough to convict. Each justice can propose a sentence; if recommendations differ, the final term will be set by averaging them.

Those convicted can appeal to the full Supreme Court, which would not retry the case but review specific complaints such as sentencing or disputed charges. If upheld, Bolsonaro would likely serve his term in special facilities such as the Army’s headquarters or the Federal Police building in Brasilia, rather than a regular prison.

Despite his legal troubles, Bolsonaro continues to insist the case is politically motivated. He has told supporters the trial is designed to silence him.