Brazil’s Supreme Court Sentences Former President Jair Bolsonaro to 27 Years in Prison for Attempted Coup: Next Step

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  Newsroom

• September 12, 2025

• Newsroom

Brazil’s Supreme Court Sentences Former President Jair Bolsonaro to 27 Years in Prison for Attempted Coup: Next Step

In a landmark ruling, the First Chamber of Brazil’s Supreme Federal Court (STF) sentenced former President Jair Messias Bolsonaro (PL) to 27 years and 3 months in prison for leading a plot to overturn the results of the 2022 elections and remain in power.

The conviction, reached by a 4–1 majority, represents the first time in Brazil’s history that a former head of state has been found guilty of attempting a coup d’état. Justices Alexandre de Moraes, Flávio Dino, Cármen Lúcia, and Cristiano Zanin voted for conviction, while Justice Luiz Fux dissented.

Alongside Bolsonaro, seven allies were also convicted for their involvement in the scheme: Alexandre Ramagem, Almir Garnier, Anderson Torres, Augusto Heleno, Mauro Cid, Paulo Sérgio Nogueira, and Walter Braga Netto.

Charges and Conviction

The Attorney General’s Office (PGR) accused Bolsonaro of:

• Leading an armed criminal organization;

• Attempting to violently abolish Brazil’s democratic order;

• Plotting a coup d’état;

• Damaging Union property and protected heritage sites.

All defendants denied the charges. Despite the sentence being imposed under a closed regime, Bolsonaro will not be imprisoned immediately. Under Brazilian law, imprisonment only begins after the so-called trânsito em julgado (final judgment), when all possible appeals have been exhausted.

Next Steps: Appeals and Acórdão Publication

The next phase is the publication of the acórdão (formal judgment), which records the justices’ votes. This may take up to 60 days, though in some cases it has been expedited — for example, in 2023 when the ruling that made Bolsonaro a defendant was published in just 15 days.

Once the acórdão is published, Bolsonaro’s defense will have five days to file appeals. The first available appeal is the embargo de declaração, used to point out contradictions, omissions, or clerical errors. While this does not alter the conviction itself, it can delay the execution of the sentence.

Other appeals, such as embargos infringentes (which could take the case to the full 11-member Court), are not permitted in this instance, as they require at least two dissenting votes. Since only Justice Fux voted for acquittal, this condition was not met.

Bolsonaro’s legal team may also pursue habeas corpus petitions, citing factors such as age or health, potentially allowing for house arrest instead of imprisonment in a federal facility.

In a statement after the ruling, Bolsonaro’s lawyers called the sentence “absurdly excessive and disproportionate” and confirmed plans to appeal both domestically and “in international jurisdictions.”

Prison and Enforcement

Should the ruling be upheld, Bolsonaro would begin his sentence in a closed prison regime, potentially in a special Federal Police facility. Authorities have not ruled out incarceration in the Papuda penitentiary complex in Brasília.

Past precedent suggests that the appeals process could be swift. In the 2013 Mensalão scandal, embargos de declaração were resolved in about one month, after which defendants, including José Dirceu, began serving time shortly thereafter.

Currently, Bolsonaro remains under house arrest in Brasília in connection with another case involving his son Eduardo Bolsonaro’s activities in the United States. This measure is separate from the coup trial.

Political Consequences and Ineligibility

The Court also imposed eight-year bans from political office on seven of the eight convicted defendants, including Bolsonaro.

Bolsonaro was already ineligible since June 2023, when the Superior Electoral Court (TSE) convicted him for abuse of political power and misuse of communications, barring him from elections until 2030. The new ruling dramatically extends that timeline. With the STF conviction, Bolsonaro would only regain eligibility in 2062, effectively ending his electoral career.

This prevents Bolsonaro from campaigning for allies or directly influencing the 2026 elections. Current polls show President Luiz Inácio Lula da Silva leading, while right-wing figures such as Michelle Bolsonaro, São Paulo Governor Tarcísio de Freitas, and Paraná Governor Ratinho Júnior emerge as potential contenders.

The Amnesty Debate

The ruling has reignited debate in Congress over a potential amnesty law, particularly among members of Bolsonaro’s PL party. São Paulo Governor Tarcísio de Freitas is expected in Brasília next week to push the proposal.

Two approaches are under discussion:

• A broad amnesty covering not only January 8 rioters but also convicted leaders, including Bolsonaro — which could even restore his eligibility;

• A restricted amnesty limited to demonstrators, excluding organizers, which faces less political resistance.

House Speaker Hugo Motta (Republicanos-PB) will play a decisive role, as he could fast-track the proposal directly to a floor vote. However, Motta has shown reluctance, aware that an amnesty for Bolsonaro could spark institutional conflict with the Judiciary.

Senate President Davi Alcolumbre (União-AP) has likewise stated he will not advance any amnesty under “political pressure,” suggesting that even a lighter version of the measure would struggle to gain traction.

A Defining Moment

Bolsonaro’s conviction represents a historic precedent in Brazil’s democratic trajectory. It reinforces the Supreme Court’s authority in safeguarding institutions against authoritarian threats while reshaping the political landscape for years to come.