The Decisive Week in Brazilian Politics: The Historic Trial of Jair Bolsonaro and its Democratic Repercussion

The week of Jair Bolsonaro's trial marked not only a critical moment in Brazilian politics but also a symbolic turning point in the country's institutional strengthening. The Supreme Court at this stage determined whether Brazil would grant carte blanche to impunity or redefine the limits of power.

BPR

9/10/20251 min read

Cristiano Zanin, Alexandre de Moraes, Cármen Lúcia, Flávio Dino e Luiz Fux.Fellipe Sampaio | Gustavo
Cristiano Zanin, Alexandre de Moraes, Cármen Lúcia, Flávio Dino e Luiz Fux.Fellipe Sampaio | Gustavo
1. Public Prosecutor's Office and First Vote: Beginning of the Decision

On Tuesday, Justice Alexandre de Moraes, the reporting judge on the case, began the final phase of the trial by describing him as the "leader of a criminal organization" that attempted to violently abolish the democratic rule of law and orchestrated the January 8, 2023, uprising.Flávio Dino also voted for conviction, emphasizing the greater punishment for the former president's high level of responsibility.

2. An Unprecedented Trial

On the same day, press reports, including The Guardian, highlighted that this is the first time a former Brazilian president has faced criminal trial for attempting to overthrow democracy, with possible penalties of up to 43 years in prison.

3. The Controversial Impact of Fux's Vote: Incompetence and Annulment

On Wednesday, Minister Luiz Fux, without claiming innocence for any of the defendants, surprised everyone by voting that the STF lacked jurisdiction to judge the coup plot case. According to him, none of the defendants—including Jair Bolsonaro—had privileged jurisdiction, making the trial in the Panel inept from the outset. Fux argued that, for this reason, all acts in the proceedings should be declared null and void and the case should be brought before the full Supreme Court.

4.Historical and Democratic Significance

According to analysts and legal experts, this is a historic moment for Brazil — the Court is affirming that mature democracies do not tolerate coups or anti-democratic continuity at the whim of a former head of state. This trial breaks with the tradition of impunity that marked the period of military dictatorship—since 1964, no high-ranking military officer had been held criminally responsible for attempting a coup. Researchers and historians see this week as an institutional turning point for the country.

5. Closing and Impact

If Bolsonaro is convicted, the trial will be remembered as one of the most decisive in Brazilian democracy—proof that justice and institutions exist as shields against authoritarian advances. All that remains is to wait for the next votes until the final ruling, which is expected to be handed down later this week.

© Fabio Rodrigues-Pozzebom/ Agência Brasil
© Fabio Rodrigues-Pozzebom/ Agência Brasil
Justice Luiz Fux and former president Jair Messias Bolsonaro /  Marcos Corrêa/PR
Justice Luiz Fux and former president Jair Messias Bolsonaro /  Marcos Corrêa/PR
(STF) 1994 - ROBERTO STUCKER FILHO - AGENCIA O GLOBO
(STF) 1994 - ROBERTO STUCKER FILHO - AGENCIA O GLOBO
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