Why Did Brazil’s Supreme Court Sentence Jair Bolsonaro To 27 Years In Prison? | Explained

Last Updated:September 12, 2025, 08:50 IST

The verdict makes Bolsonaro the first former Brazilian president to be convicted of attempting a coup

Jair Bolsonaro, a former army captain and far-right leader, governed Brazil from 2019 to 2022. (Image: Reuters)

Jair Bolsonaro, a former army captain and far-right leader, governed Brazil from 2019 to 2022. Often compared to Donald Trump for his combative style, he became one of Latin America’s most polarising figures. On Thursday, a panel of five Supreme Court justices convicted Bolsonaro on charges linked to a conspiracy to overturn the 2022 election results, which he lost to leftist rival Luiz Inácio Lula da Silva. Four judges voted to convict while one dissented.

The court sentenced Bolsonaro to 27 years and three months in prison. He was found guilty of five counts: armed criminal conspiracy, attempted abolition of the democratic rule of law, attempted coup d’état, violent destruction of public property, and damage to protected heritage sites.

The verdict makes Bolsonaro the first former Brazilian president to be convicted of attempting a coup. Chief Justice Luís Roberto Barroso called the ruling “a watershed moment in Brazil’s history".

What Triggered The Trial?

The case stems from Bolsonaro’s refusal to accept his defeat in the October 2022 election. According to investigators cited by the Guardian, he and his allies formed what prosecutors described as a “criminal organisation" that explored multiple ways to cling to power “at all costs."

Among the most serious allegations were assassination plots against Lula, his vice-president Geraldo Alckmin, and Justice Alexandre de Moraes, who oversaw the electoral court at the time. Special forces soldiers reportedly monitored Lula and de Moraes in late 2022 as part of this plan, which was abandoned only when Bolsonaro failed to secure the full support of the armed forces.

He won over the navy commander, but both the army and air force chiefs refused to join. Lula was sworn in on 1 January 2023 without military interference.

How Did The Coup Attempt Unfold?

The most visible expression of the attempted coup came on 8 January 2023, just a week after Lula’s inauguration. Thousands of Bolsonaro’s supporters stormed and vandalised government buildings in Brasília, including the presidential palace, Congress and the Supreme Court.

Security forces arrested around 1,500 people. Judges later concluded that the rioters had been incited by Bolsonaro, whose expectation was that the military would intervene after the chaos, restore order, and reinstate him in office.

What Did The Court Say?

The Supreme Court concluded that Bolsonaro was not only aware of but also led the conspiracy. Justice Cármen Lúcia said she was convinced by the evidence that the former president was “the instigator, the leader of an organisation that orchestrated every possible move to maintain or seize power", AP reported.

However, Justice Luiz Fux dissented, arguing that the prosecution had not proven Bolsonaro’s direct role and contending that the trial should have been annulled. He said a coup “does not result from isolated acts or individual demonstrations" but from organised groups with the ability to replace the incumbent government.

Who Else Has Been Convicted?

Bolsonaro was not alone in facing charges. Several senior figures from his administration were also sentenced.

• Gen. Braga Netto, his 2022 running mate and defence minister, received 26 years.
• Admiral Almir Garnier, the former navy commander, was sentenced to 24 years.
• Gen. Augusto Heleno, minister for institutional security, got 21 years.
• Gen. Paulo Sérgio Nogueira, former defence minister, received 19 years.
• Mauro Cid, Bolsonaro’s former assistant, cooperated with investigators and was given two years under an open regime.

Seven others, including Bolsonaro’s former spy chief Alexandre Ramagem and ex-security minister Anderson Torres, were also found guilty of participating in the conspiracy.

This was the first time in Brazil’s history that senior commanders of the armed forces, including a former navy chief and two defence ministers, have been jailed for conspiring against democracy. It is unprecedented in a country that endured a two-decade military dictatorship from 1964 to 1985.

What Was Bolsonaro’s Defence?

Bolsonaro has consistently denied wrongdoing. He argued that he was in the United States on 8 January 2023 when the riots erupted, insisting that he had no role in inciting the violence.

He has called the case a “witch hunt," claiming it is politically motivated to block his return to power in 2026. His defence team also questioned the impartiality of the panel, pointing out that Justice Cristiano Zanin had previously been Lula’s lawyer, while Flávio Dino served as Lula’s justice minister before joining the court.

Where Is Bolsonaro Now?

Jair Bolsonaro has been under house arrest in Brasília since early August. Police accused him and his son, Eduardo, of trying to interfere in the trial. Officers also discovered a 2024 document on his phone suggesting he considered seeking asylum in Argentina, as per the BBC.

For now, the sentence does not mean immediate imprisonment. According to AP, the court has up to 60 days to publish the ruling, after which Bolsonaro’s lawyers have five days to file appeals.

Given his ongoing health problems from a stabbing during the 2018 election campaign, justices indicated he is more likely to remain under house arrest, in hospital, or in a special detention unit rather than in a regular prison, reported the Guardian.

How Has The US Responded?

The case has further strained ties between Brasília and Washington.

US President Donald Trump said he was “very unhappy" with the conviction and described Bolsonaro as “outstanding". US Secretary of State Marco Rubio went further, calling the ruling a “witch hunt" and warning that Washington would “respond accordingly."

Brazil’s foreign ministry criticised Rubio’s statement as a threat that “attacks Brazilian authority and ignores the facts".

Recently, Trump’s administration imposed 50% tariffs on Brazilian imports, citing Bolsonaro’s legal troubles as one reason. Eduardo Bolsonaro has warned that further sanctions could follow.

Observers noted the trial has deepened political divisions in Brazil and could worsen relations with the US, as per AP.

What Happens Next?

Bolsonaro’s lawyers intend to appeal. According to AP, they can file motions for clarification within five days once the court publishes the ruling, and may seek a review by the full Supreme Court of 11 justices. Legal experts caution that the chances of overturning the conviction are slim, given the 4-1 majority.

Once appeals are exhausted, likely by October or November, justices will decide where Bolsonaro will serve his sentence.

What About His Political Future?

Even before this conviction, Bolsonaro had already been barred from running for office until 2030 in two separate rulings by Brazil’s electoral court, one for attacking the voting system and another for abusing his presidential powers for campaign purposes.

With Lula expected to seek re-election in 2026, the conviction has left Brazil’s right wing searching for a successor. According to the Guardian, his wife Michelle Bolsonaro, and his politician sons are among those vying to inherit his political base.

Brazil’s conservative Congress is also considering an amnesty bill to pardon those convicted over the 8 January riot, including Bolsonaro. But the Supreme Court has already declared such a move unconstitutional, setting up a potential clash if lawmakers push ahead.

Despite his legal setbacks, Bolsonaro remains a powerful force on Brazil’s right. Supporters continue to hold rallies and prayer meetings demanding his release, underscoring the deep divisions in Brazilian society.

Analysts say the ruling represents a defining moment for Brazil’s democracy. Former minister Thomas Traumann told AP it was “the most important day for Brazil’s democracy since the 1988 constitution was approved."

Karishma Jain

Karishma Jain, Chief Sub Editor at News18.com, writes and edits opinion pieces on a variety of subjects, including Indian politics and policy, culture and the arts, technology and social change. Follow her @kar...Read More

Karishma Jain, Chief Sub Editor at News18.com, writes and edits opinion pieces on a variety of subjects, including Indian politics and policy, culture and the arts, technology and social change. Follow her @kar...

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