What to know about the verdict and sentencing phase of Bolsonaro’s trial in Brazil

Former Brazilian president Jair Bolsonaro talks with reporters after arriving at the airport in Brasilia, Brazil, June 30, 2023, days after he was barred from running for office again until 2030 after a panel of judges concluded that he abused his power and cast unfounded doubts on the country's electronic voting system. (AP Photo/Eraldo Peres, File)

SAO PAULO — The verdict and sentencing phase in the coup trial of former Brazilian president Jair Bolsonaro starts Tuesday at the Supreme Court in Brasilia. The embattled leader faces a possible conviction of more than 30 years in prison for his alleged attempt to stay in power after losing his reelection bid in 2022.

A five-justice panel will have until Sept. 12 to deliver their decision.

The trial of the 70-year-old leader is receiving renewed attention after U.S. president Donald Trump linked a 50 per cent tariff on imported Brazilian goods to his ally’s legal situation. Trump has called the proceedings a “witch hunt,” triggering nationalist reactions from leaders of all branches of power in Brazil, including President Luiz Inácio Lula da Silva.

Bolsonaro, who denies any wrongdoing, was charged with five counts related to attempting to stage a coup. He is under house arrest and has repeatedly said the trial is politically motivated.

It is unclear whether Bolsonaro, now wearing an ankle bracelet, will attend.

Here’s what to know about the proceedings:

The opening

Justice Cristiano Zanin, a former lawyer for Lula and chairman of the panel, will open the proceedings at 9 a.m. local time on Sept. 2. None of the two Bolsonaro appointees in the court are part of this panel.

Zanin will call on Justice Alexandre de Moraes, the rapporteur of the case. De Moraes, whom Bolsonaro views as an opponent, is expected to read a lengthy report detailing the case.

Prosecution and defence

After the initial presentation, Prosecutor-General Paulo Gonet will read the charges against Bolsonaro, his former aide Mauro Cid — who signed a plea bargain deal with the prosecution— and six other allies of the former president.

Gonet is expected to speak for about one hour, followed by the defence lawyers, who will each have the same amount of time to speak for their clients.

Due to his plea bargain, Cid’s lawyer will speak first, followed by the others in alphabetical order of their clients’ names.

• Former aide-de-camp Mauro Cid
• Former intelligence agency director Alexandre Ramagem
• Former navy commander Almir Garnier
• Former justice minister Anderson Torres
• Former institutional security cabinet chief Augusto Heleno
• Former president Jair Bolsonaro
• Former defence minister Paulo Sérgio Nogueira
• Former chief of staff Walter Braga Netto
• The charges

All defendants face five charges, but Bolsonaro is accused of masterminding the plot to stay in power.

Here’s a look at the charges, the potential penalties and Bolsonaro’s alleged involvement:

• Attempting to stage a coup: Bolsonaro is accused of leading an attempt to stage a coup to remove Lula’s democratically elected government after losing his reelection bid in 2022. There are multiple pieces of evidence to be analyzed, including an unsigned document that sought to invalidate the election and his alleged push for supporters to destroy government buildings in Brasilia on Jan. 8, 2023. Maximum prison sentence: 12 years.
• Armed criminal organization: Bolsonaro is accused of leading a group that associated in a structured manner to commit violent crimes. Prosecutors say that members of the group threatened to use weapons to kill de Moraes. Maximum prison sentence: eight years.
• Attempted violent abolition of the democratic rule of law: Bolsonaro and the group were charged for trying to suppress Brazil’s democracy in multiple ways. Maximum prison sentence: eight years.
• Damage characterized by violence and a serious threat against the state’s assets: Bolsonaro is accused of leading the thousands who trashed the presidential palace, the Supreme Court, and parts of Congress on Jan. 8, 2023. Damage was estimated at 20 million Brazilian reais (about US$3.7 million). Maximum prison sentence: three years.
• Deterioration of listed heritage: Bolsonaro is accused of encouraging supporters to camp outside military headquarters before the riots, which destroyed a 17th century clock, several paintings and books. Maximum prison sentence: three years.

The voting

Once the presentation is over, the charges are read and the defendant’s lawyers speak, the justices will review any final requests from the parties. Then, each of the five panel members will vote on the defendants’ guilt.

A majority of three votes is enough to convict.

For those found guilty, each justice can recommend a sentence. If the recommendations differ, a single justice will determine an average of the prison time and possible fines.

Serving time

Bolsonaro and the other defendants can appeal to the full Supreme Court, which would mean their cases would be analyzed by the six justices who are not on the panel.

If the appeal is accepted, the full court won’t retry the entire case. Instead, it will only review specific complaints on conflicting rulings by the panel, for example on whether a conviction in a specific count should stand or on the length of prison time.

If a majority of the full Supreme Court upholds the conviction, then Bolsonaro will go to prison. But it is unlikely he would be transferred to a regular prison. As a former Army captain, he has the right to special incarceration, which could take place at the Army’s headquarters in Brasilia or the Federal Police’s main building in the same city.

Mauricio Savarese, The Associated Press