Bolsonaro could be convicted by court, granted amnesty by Congress
UPI

Bolsonaro could be convicted by court, granted amnesty by Congress

The trial of ex-Brazilian President Jair Bolsonaro moved into the verdict and sentencing stage Tn the Supreme Federal Court, but an amnesty bill is pending.

he trial against former President Jair Bolsonaro for an attempted coup d'état at the Federal Supreme Court in Brasília, Brazil, continues Tuesday Presiding over the trial, Alexandre de Moraes stated that Bolsonaro led a “criminal organization” that carried out various acts to stage a coup and “perpetuate itself in power” after losing the 2022 elections. Photo by Andre Borges/EPA UPI

Sept. 9 (UPI) -- The trial of former Brazilian President Jair Bolsonaro moved into the verdict and sentencing stage Tuesday in the Supreme Federal Court in Brasilia. At the same time, Congress is fast-tracking an amnesty bill that could clear him of charges tied to an attempted coup and allow him to run for office in 2026.

The court has scheduled four consecutive sessions from Sept. 9 to 12 for the five justices of its First Panel to cast their votes. Justice Alexandre de Moraes, who is overseeing the case, is to deliver the first opinion. A simple majority of three of the five votes is required for a conviction.

The former president faces five criminal charges that carry a maximum sentence of 43 years in prison: attempt to abolish the democratic rule of law by force, coup plotting, membership in an armed criminal organization, damage to government property and destruction of protected property.

Brazil's Prosecutor General's Office has formally requested convictions for all eight defendants in the case, arguing that Bolsonaro led "a criminal organization structured to prevent the will of the people expressed in the 2022 elections from being carried out."

Among those charged are former Defense Minister Walter Braga Netto, Bolsonaro's former aide-de-camp Mauro Cid and several Army generals.

In this final stage, justices will review the prosecution's latest filings, which include handwritten notes, digital files and messages presented as evidence of the conspiracy. Bolsonaro's defense denies any violent action and calls the proceedings a "witch hunt."

At the same time, momentum is building in Congress to approve an amnesty law that would exempt Bolsonaro and demonstrators involved in the January 2023 storming of Brazil's three branches of government from criminal liability.

The measure has early backing from parties including União Brasil and the Progressives and the support of Chamber of Deputies President Hugo Motta, who has said he is open to a vote once there is "a favorable climate" after the verdict.

The most radical wing of Bolsonaro's movement, led by his son, Eduardo, and ultraconservative factions, is demanding a "broad, general and unrestricted" amnesty that would also overturn the former president's ineligibility and allow him to run in 2026.

Brazilian media analysts note that while the right-wing coalition holds a simple majority, resistance remains among moderate blocs and centrist lawmakers wary of weakening the separation of powers on such a sensitive issue.

The court is expected to issue its final ruling Friday. If a conviction is confirmed, tensions between the branches of government are likely to intensify. And if the amnesty bill passes, Brazil would face an unprecedented political situation: the automatic release of those who tried to subvert the constitutional order, including Jair Bolsonaro.

"If he is innocent, let him prove he is innocent. I hope he can defend himself, because I could not," President Luiz Inácio Lula da Silva said, referring to his own court case that was later annulled because of lack of jurisdiction in the diction and bias by the judge. Lula defended the presumption of innocence for anyone on trial, even his enemies.

On international pressure, particularly the imposition of 50% tariffs on Brazilian goods by U.S. President Donald Trump, Lula said, "We are a sovereign country. We do not accept interference or tutelage from anyone. We have solid and independent institutions."

He also called U.S. sanctions against Brazilian judges an "arbitrary measure."

Tarcísio de Freitas, seen as a potential political successor to Bolsonaro, said, "We will not accept the dictatorship of one branch of government over another." He added there is "no evidence" against Bolsonaro, called the proceedings "flawed" and said "the only way to resolve this is with an amnesty."

Belmira Santos, an electoral lawyer in Belo Horizonte, said a conviction of the former president followed by immediate amnesty "would provoke an institutional crisis, undermine the credibility of the Supreme Court and Congress, and allow Bolsonaro to rebuild his political career ahead of 2026 would intensify national polarization."

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