RIO DE JANEIRO (AP) — Former Brazilian President Jair Bolsonaro’s legal team is challenging the length of his prison sentence, which was imposed following his conviction for attempting a coup d’état after his loss in the 2022 elections.
Bolsonaro was sentenced to 27 years and three months in prison by a panel of judges in September after being found guilty of trying to undermine democracy. Since August, he has been confined to house arrest.
In an 85-page appeal submitted to the Supreme Court on Monday, Bolsonaro’s lawyers criticized the conviction and sentence, labeling them as “profound injustices.” The document, shared with The Associated Press, argues that the court’s decision contained “ambiguities, omissions, contradictions, and obscurities.”
Bolsonaro, who has denied any wrongdoing, was convicted of orchestrating a coup following his electoral defeat to President Luiz Inácio Lula da Silva. Prosecutors accused him of plotting an assassination against Lula and charged him with being part of an armed criminal organization and attempting to violently disrupt democratic governance.
The appeal contends that Bolsonaro should not face cumulative sentences for organizing a coup and attempting to violently dismantle democracy, asserting that these charges overlap.
Bolsonaro’s attorneys also highlighted the dissenting opinion of Justice Luiz Fux, the sole opposing vote in the five-judge panel, who suggested that even if a coup was attempted, Bolsonaro “deliberately interrupted the course of events” before it was carried out.
The appeal involves filing motions for clarification, which aim to address perceived flaws in the court’s reasoning without altering the decision itself. João Pedro Padua, a law professor at Fluminense Federal University, noted that such appeals rarely lead to sentence reductions. Typically, the Supreme Court requires at least two dissenting votes to consider substantive changes to the decision.
While there is no limit to the number of clarification motions that can be filed, the Supreme Court may view repeated submissions as an attempt to delay final judgment. Padua remarked that this strategy could be “risky” for Bolsonaro’s lawyers, as it might prompt the court to finalize the judgment swiftly.
In addition to Bolsonaro, seven close aides were also convicted, with all except Mauro Cid, who entered a plea deal, filing appeals, the Supreme Court reported on Tuesday. The justices are set to rule on these appeals between November 7 and November 14.
Bolsonaro will not begin serving his jail sentence until the appeals process is complete.
The trial has attracted international attention. Former U.S. President Donald Trump imposed a 50% tariff on Brazilian imports, partly citing Bolsonaro’s trial as a “witch hunt.” The move led to a significant downturn in U.S.-Brazil relations, described by experts as the lowest point in their diplomatic history.
However, diplomatic relations have improved, with Presidents Lula and Trump engaging in talks over the phone and meeting at the ASEAN summit in Malaysia last weekend.
