Brazil’s far-right former president Jair Bolsonaro is running out of options to avoid prison, with judges on Friday set to reject his appeal against a 27-year sentence for a botched coup bid.
Bolsonaro was convicted in September for his efforts to prevent President Luiz Inacio Lula da Silva from taking power after the former lost 2022 elections.
Prosecutors said the scheme — which included plans to assassinate Lula and a top Supreme Court judge — failed only due to a lack of support from military top brass.
A panel of Supreme Court judges weighing Bolsonaro’s appeal all voted to uphold the sentence last week, however the result is not considered official until the hearing ends at midnight on Friday.
A source at the court, speaking on condition of anonymity, told AFP that once the judgment is published the defense will have five days to submit a new appeal.
However this appeal can be “quickly” quashed by lead judge Alexandre de Moraes.
“Generally, after the publication of the final judgment, the arrest warrant is issued on the same day” by the lead judge, and it is Moraes who will decide where the arrest happens, explained Thiago Bottino, a professor at the Getulio Vargas Foundation Law School.
The court source estimated that — according to court procedure timelines — Bolsonaro could be sent to prison in the last week of November.
The 70-year-old former army captain has been under house arrest since August.
Because of health problems stemming from a stabbing attack in 2018, he could ask to serve his prison term at home.
The charges against Bolsonaro focused on his efforts to undermine the voting system to allege fraud if Lula won the election and later justify a military intervention.
Then there was the plot to assassinate Lula, his vice president Geraldo Alckmin, and Moraes, which prosecutors said Bolsonaro had approved.
“We were ready to kill a lot of people,” a man suspected of being part of the planned hit squad, federal police agent Wladimir Soares, said in an audio message made public by the Supreme Court.
“We were only awaiting orders from the president, but he backed down,” Soares added.
In rejecting the appeal, Moraes reaffirmed that there had been a deliberate coup attempt orchestrated under Bolsonaro’s leadership, with ample proof of his involvement.
He underscored Bolsonaro’s role in instigating the January 8 assault on Brazil’s democratic institutions, when rioting supporters demanded a military takeover to oust Lula.
Moraes ruled that the sentence of 27 years and 3 months was based on Bolsonaro’s high culpability as president and the severity and impact of the crimes.
The judge said Bolsonaro’s age had already been considered as a mitigating factor.
Three other judges on the panel also rejected the appeal.
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