Brazil / Bolsonaro trial: Supreme Court judge calls for acquittal
The trial of Jair Bolsonaro, accused of attempting a coup d’état after his defeat to Luiz Inacio Lula da Silva in 2022, continues to divide Brazil. On Wednesday, September 10, Supreme Court Justice Luiz Fux voted in favor of acquitting the former president, breaking with the first two votes that leaned toward conviction.
Fux delivered a technical argument that lasted more than ten hours. According to him, the Supreme Court does not have jurisdiction to try Bolsonaro and his co-defendants — former ministers and senior military officers — who should instead appear before lower courts. He also argued that the evidence presented failed to prove the existence of an “armed criminal organization” and that the alleged plot never moved beyond the preparatory stage. “It is not the role of the Supreme Court to issue a political ruling,” he insisted.
Luiz Fux’s vote was welcomed enthusiastically by the conservative camp, which sees it as confirmation of “political persecution.” Flavio Bolsonaro, the former president’s son, called for the annulment of the proceedings, while the defense praised a decision that could form the basis for possible appeals.
Despite this vote, the balance still tilts toward conviction, with two of the three justices already siding in that direction. The two remaining judges are expected to vote by Friday. A simple majority of three out of five will be enough to decide Bolsonaro’s fate, as he faces up to 43 years in prison. Ineligible until 2030 and under house arrest since August, the former head of state has not attended the hearings for medical reasons.
The trial is taking place in a tense atmosphere. Flavio Dino, a justice and former Minister of Justice, reported receiving serious threats after voting for conviction. His office denounced thousands of messages calling for attacks on judges and their families.
Internationally, the case is also sparking turmoil. U.S. President Donald Trump denounced what he called a witch hunt against his ally and announced a 50% surtax on certain Brazilian exports, along with individual sanctions targeting several Supreme Court justices.
