CRIME AND PUNISHMENT

The justices who will try Bolsonaro

The Supreme Court has upped its security ahead of Bolsonaro’s trial. Photo: Fabio Rodrigues Pozzebom/EBC

Two and a half years after Jair Bolsonaro’s supporters stormed and vandalized Brazil’s Congress, Supreme Court and presidential offices on Jan. 8, 2023, the country’s highest court is preparing to issue a criminal verdict against the far-right former president. His trial is scheduled to start on Tuesday, September 2, and is expected to run until September 12.

Bolsonaro is accused of inciting Brazilians to believe the 2022 election was stolen, discussing ways to overturn the results with senior military officers, and plotting to assassinate leading political figures — including President Luiz Inácio Lula da Silva and Supreme Court Justice Alexandre de Moraes (who oversees the case). Several military officials also face trial on similar charges.

A five-member panel of Supreme Court justices will render the verdict. The court has long wrestled with whether criminal cases should be heard by the full bench or by panels led by the case rapporteur. However, the flood of cases linked to the January 8 riots necessitated a compromise: in December 2023, the court voted — with only one dissent — to adopt the panel system to prevent running up a huge backlog.

The proceedings unfold under unusual international strain. US President Donald Trump has already punished Brazil’s judiciary, suspending the passports of eight of the 11 Supreme Court justices (including four of the five panel members) and of Prosecutor General Paulo Gonet, along with their families. He went further against Moraes, imposing financial sanctions under the Global Magnitsky Act.

Brazil’s Trump-aligned far right, meanwhile, continues to advocate for an amnesty bill that could nullify convictions tied to January 8. However, even if their push is successful, the Supreme Court would ultimately decide whether it is constitutional.

Gonet and the court enter the trial bolstered by a sovereignty-first rhetoric that has struck a chord with the public. Additionally, President Lula has tapped Gonet for a new two-year term as the country’s top prosecutor.

Eight defendants stand accused in the case. All maintain their innocence, except for one who has entered a plea bargain agreement — the consequences of which will be examined in future hearings. Bolsonaro will face trial under house arrest and strict police surveillance. His former running mate, retired General Walter Braga Netto, has been in pretrial detention since December 2024.

Here’s a look at the justices who will decide Bolsonaro’s fate…

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