For experts, the defense will try to reduce the sentence by pointing out contradictions; assess that the chances of significant changes are minimal
The defense of the former president (PL) has until Monday (October 27, 2025) to present appeals and try to reduce the sentence imposed by the 1st Panel of the STF (Supreme Federal Court). Bolsonaro was for involvement in an attempted coup d’état. According to experts, although the strategy seeks loopholes in the decision, the possibility of significant changes is remote.
What is possible, considering the conviction score of 4 votes to 1, are embargoes for clarification, used to point out omissions, contradictions or unclear sections in judicial decisions. According to the Supreme Court’s rules, the appeal must be filed within 5 days after the publication of the ruling. The document on Wednesday (Oct 22), and the deadline began on the following day. Read the which contains 1,991 pages (PDF – 20 MB).
The embargoes are initially analyzed by the rapporteur, minister Alexandre de Moraes.
Before the decision, the rapporteur can send the case to the PGR (Attorney General’s Office) for an opinion, and then the case returns to the Panel for judgment.
“Firstly, it is necessary for the Public Prosecutor’s Office to also speak out. Then, this is up to the decision, in principle, of the rapporteur. If he understands that the embargoes are merely delaying, there are cases in which the rapporteur himself rejects the processing. But the trial must always take place in the collegiate”criminal lawyer Sérgio Rosenthal told Poder360.
This type of appeal serves to correct formal flaws, but it can have a broader effect if it brings arguments capable of modifying the merits of the decision, which would require a new statement from the PGR before being judged.
In this digital newspaper, criminal lawyer Pedro Bueno de Andrade assesses that Bolsonaro’s defense “Certainly” will try to highlight controversial points, especially given the dissenting vote of Minister Luiz Fux, who defended the acquittal of the former president and the annulment of the process, alleging the Court’s incompetence.
“The defenses will inevitably find sections that deserve clarification, especially when comparing the vote of Minister Alexandre with that of Minister Fux”said Andrade. “These clarifications, depending on the content, may have the power to change the merits of the decision at some point”.
Despite this, the lawyer assesses that significant changes are unlikely, as the conviction was approved by a significant majority of the class. “There may be specific adjustments — for example, in calculating the sentence or evaluating certain evidence —, but it is unlikely that the conviction will be reversed”he stated.
BOLSONARO’S CONVICTION
The 1st Panel of the STF convicted Bolsonaro on September 11, 2025 for 5 crimes, including an attempted coup d’état. They voted to convict the former president and the other 7 defendants: , , and .
Luiz Fux was. The minister voted to condemn alone and for the violent abolition of the democratic rule of law. In the case of the other 6 defendants, the magistrate decided to acquit them.
They were convicted:
The 8 form nucleus 1 of the coup attempt. They were responsible for committing 5 crimes: armed criminal organization and attempts to violently abolish the democratic rule of law and coup d’état, in addition to qualified damage and deterioration of listed property.
