SAO PAULO (AP) — Brazil’s former president Jair Bolsonaro has finally testified before the country’s Supreme Court over an alleged plot to remain in power and overturn the 2022 election result.
After Bolsonaro and 33 allies were charged in February with five counts related to a plan to remain in power, a five-Justice panel of Brazil’s top court opened a first trial for eight of them, including the former leader.
Judges will hear from 26 other defendants in coming months.
The former president has repeatedly denied the allegations and said he is the target of political persecution, but kept a soft tone in his testimony on Tuesday.
The case stems from a Jan. 8, 2023 riot, when the Supreme Court, Congress and the Presidential Palace in Brasilia, the capital, were stormed by thousands of Bolsonaro supporters. Police say the uprising — which came after current President Luiz Inácio Lula da Silva was sworn in — was an attempt to force military intervention and oust the new president.
If convicted for the alleged coup, Bolsonaro could be sentenced to up to 12 years. When combined with the other charges, the accused might face decades behind bars.
The case might not be over even after a conviction by the panel, which Bolsonaro can appeal before Brazil’s Supreme Court full panel.
Here’s what is next in the trial:
Testimonies
The testimonies of the eight defendants is the final stage of the evidence collection phase, but their attorneys are allowed to request additional searches to help their case. Legal experts have said it is unlikely that Justice Alexandre de Moraes, the presiding judge and a member of the panel, will allow it. The evidence phase will be deemed complete once de Moraes decides on all requests.
Final allegations
Fifteen days after the collection phase is finished, Brazil’s attorney-general will be allowed to present his final allegations. The attorneys of the defendants will get the same chance. Each of those allegations are expected to take several hours or even days. This needs to be completed before July, when Brazil’s Supreme Court enters its recess until August. As soon as the final allegations stage is completed, the sentencing phase starts.
Sentencing
A Supreme Court panel of five judges will decide whether Bolsonaro and his allies are guilty or not. The judges who will decide the future of Brazil’s former president are de Moraes, Cármen Lúcia, Cristiano Zanin, Flávio Dino and Luiz Fux. All of them had public battles with Bolsonaro. De Moraes was the primary judge in several cases against the far-right leader, while Zanin and Dino joined the court as Lula’s appointees. Lúcia and Fux were also targets of Bolsonaro during their respective tenures chairing the electoral court and the Supreme Court. Should Bolsonaro be convicted, these judges will also decide his penalty.
What if he’s found guilty
Bolsonaro would still be able to appeal to Brazil’s Supreme Court full panel. Brazil’s top prosecutor could do the same if the former president is not convicted on all counts. Before any potential jail time, Bolsonaro’s lawyers could further delay the conclusion of the trial by asking for clarifications on the decisions of each judge. Legal experts have said all these steps are likely to be concluded by the end of the year.
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