The closed investigations into the attempted coup d’état in 2022 and concluded that the former president () planned and acted in a plot to prevent the inauguration of ().
Bolsonaro and 36 other people were indicted, including reserve general Walter Braga Netto (PL), former Minister of Defense and vice-president in 2022 on the defeated ticket. Military personnel are the majority among the suspects — 25 in total.
Also on the list are the national president of the PL, the former director general of the (Brazilian Intelligence Agency), now a federal deputy for PL-RJ, and the former minister of the (Institutional Security Office) Augusto Heleno, general of the reservation.
Declared ineligible by the (Superior Electoral Court) until 2030 for attacks and lies about the electoral system, the former president had already been indicted this year in two other investigations: presented by Saudi Arabia and against Covid.
See below the next steps of the research:
1) What is an indictment?
The PF’s measure does not presuppose the guilt of the former president and the other suspects, but brings them closer to possible criminal proceedings in .
The indictment occurs when the police — in this case, the PF — are convinced that there is sufficient evidence to attribute a crime to someone, based on the elements collected in the investigation phase. From that moment on, the person is officially treated as a suspect.
2) Report to the PGR
The minister, of , decided to overturn the confidentiality of the investigation on Tuesday (26). The documents were sent to the (Attorney General’s Office), responsible for analyzing the evidence and deciding whether or not to report those being investigated.
The complaint is a piece of accusation formulated against people suspected of committing crimes. The highest body of the Public Ministry, under the command of , may still request further investigations from the PF.
The PGR’s demonstrations on the jewelry cases, the vaccination card and the coup plot are scheduled for the beginning of 2025.
3) In the hands of the STF
Once the complaint is made, the STF ministers must judge whether to accept it.
If the Supreme Court receives the indictment and makes the accused defendants, there are hearing stages, interrogations and other steps. Only then is space opened for final requests and final arguments.
Finally, the court’s decision will be made. Penalties can be imprisonment or restrictive rights, such as community service or a fine. Only when there is a definitive decision or there is no longer any possibility of appeal are they considered guilty and will eventually serve their sentence.
4) What are the possible penalties?
If he is prosecuted and convicted by , an attempt to abolish the democratic rule of law and a criminal organization, the former president could be ineligible for more than 30 years.
He has already been convicted of attacks and lies about the electoral system and is the target of different other investigations at the STF. At this moment, he cannot contest elections until at least 2030.
Bolsonaro is 69 years old. In the event of being definitively convicted in this case and under these conditions in 2025, for example, he would be ineligible until 2061, when he would be 106 years old.
The maximum penalty for the crime of attempted coup d’état is 12 years in prison, for attempting to abolish the rule of law is 8 years and for criminal organization is 8 years. In other words, the sum amounts to 28 years in prison.
