A majority of judges on Brazil's Supreme Court panel voted on Friday to dismiss former President Jair Bolsonaro's appeal against his 27-year prison sentence for allegedly plotting a coup to remain in power after the 2022 presidential election.
Justices Flavio Dino, Alexandre de Moraes, and Cristiano Zanin voted to reject the appeal filed by Bolsonaro's legal team. The remaining panel member has until November 14 to cast their vote. The panel comprises five seats, but one has been vacant since late October.
Bolsonaro’s lawyers, who have consistently denied any wrongdoing, did not immediately respond to requests for comment regarding the panel’s majority decision. Bolsonaro will begin serving his sentence once all appeals are exhausted.
Former president under house arrest
Bolsonaro has been under house arrest for nearly three months after violating precautionary measures in a separate case. His lawyers are expected to request that he be allowed to serve his sentence under similar conditions due to health concerns.
In September, four of the five judges on the Supreme Court panel voted to sentence Bolsonaro to 27 years and three months in prison for five crimes, including participating in an armed criminal organisation, attempting to violently abolish democracy, and organising a coup.
Typically, defendants sentenced by Brazil's Supreme Court need at least two justices to disagree on the ruling to request an appeal that could significantly alter the decision.
With only one judge dissenting, Bolsonaro's lawyers filed a lesser motion, seeking clarification or a review of specific aspects of the conviction, including a reduction in the prison sentence.
The far-right leader was placed under house arrest in early August for violating precautionary measures related to his alleged attempts to convince U.S. President Donald Trump to interfere in his criminal case.
Trump has described the case against Bolsonaro as a "witch hunt" and retaliated by imposing heavy tariffs on U.S. imports of Brazilian goods, sanctioning the judge overseeing the case, and revoking visas for several Brazilian officials.
Bolsonaro was ultimately not charged by Brazil's prosecutor general for attempting to influence Trump, but a Supreme Court justice upheld the house arrest, citing the risks presented by Bolsonaro’s continued freedom, demonstrated by his conviction and repeated violations of precautionary measures.
Meanwhile, one of Bolsonaro's sons, lawmaker Eduardo Bolsonaro, who is currently in the U.S., has been criminally charged in the case, and the Supreme Court panel is scheduled to vote later this month on whether to formally charge him.
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