Mohan Sinha
07 Sep 2025, 10:23 GMT+10
BRASILIA, Brazil: Former Brazilian President Jair Bolsonaro is fighting a high-stakes legal battle that could decide his future. His lawyers told the Supreme Court this week that there is no evidence he ever tried to carry out a coup to remain in power after losing the 2022 election.
On the second day of the verdict and sentencing phase, defense lawyer Celso Vilardi argued that even if Bolsonaro had talked about a coup, he never acted on it. "Planning is not the same as execution," Vilardi said during the televised hearing. He added that Bolsonaro allowed the transfer of power to his successor, Luiz Inácio Lula da Silva, after the election, which proves he did not go forward with any plot.
Bolsonaro, a right-wing leader, lost to Lula in October 2022 but has long denied the results. He has claimed that the case against him is a political attack designed to silence him. Prosecutors, however, say they have strong evidence that Bolsonaro met with senior Cabinet members and military officials to discuss issuing an emergency decree. That decree, if signed, would have suspended the election outcome and launched an investigation into alleged voter fraud.
The prosecution also says the conspiracy went beyond those meetings. They argue Bolsonaro and his allies spread doubt about Brazil's electronic voting machines and helped fuel the January 8, 2023, riot in Brasília, when his supporters stormed government buildings after Lula took office. Some prosecutors even claim there were discussions of plans to assassinate Lula and Supreme Court Justice Alexandre de Moraes. The alleged plot was given the code name "the green and yellow dagger." Bolsonaro's team denies this, saying there is no evidence linking him to such violent ideas.
Bolsonaro faces five criminal charges, including attempting a coup, joining an armed criminal organization, and trying to abolish democracy through violence. Just one guilty verdict on the coup charge could carry a prison sentence of up to 12 years. Seven of his closest allies, including former defense ministers and his ex-running mate, are also on trial.
Justice Alexandre de Moraes, a longtime critic of Bolsonaro, is overseeing the case. Bolsonaro and his supporters say this proves the trial is biased. U.S. President Donald Trump has also weighed in, calling the case a "witch hunt" and even linking U.S. tariffs on Brazilian goods to the outcome. Moraes, however, has said Brazil's courts will not be influenced by outside pressure.
Bolsonaro has not appeared in court. He is currently under house arrest and faces other political consequences. Brazil's top electoral court has already barred him from running for office until 2030 because he attacked the voting system while president.
For prosecutors, the evidence includes handwritten notes, digital files, and message exchanges they say prove the coup conspiracy. The defense insists these materials show only ideas, not action. "Convicting Bolsonaro would be like punishing the attempt of an attempt," said another defense lawyer, Paulo Cunha Bueno.
Observers say the trial is historic. It marks the first time a former Brazilian president and top officials have faced criminal proceedings over an alleged coup attempt. The verdict, expected soon, could reshape Brazilian politics for years to come.
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