Judge Moraes had significantly promoted the trial against the former Brazilian president. Moraes described Bolsonaro as “leader of a criminal organization” and listed numerous evidence of the attempted oversetting planning in detail. His hard approach to Bolsonaro and its allies is celebrated by the left in Brazil and denounced by the right as political persecution.
The different vote by judge Luiz Fux on Wednesday could pave the way for a calling, which would then have to be negotiated with eleven judges in front of the court’s plenum. This could delay the conclusion of the procedure until shortly before the 2026 presidential election.
Fux said the court was not responsible in the case. In his view, the process in front of lower instances should have been negotiated because Bolsonaro was no longer in office. Bolsonaro has repeatedly stated that he was innocent.
Bolsonaro, a former captain of the army, never hid his admiration for the military dictatorship (1964–1985) in Brazil. The historical importance of the judgment extends beyond himself. It is the first time in almost 140 years that military personnel are punished because of the experiment to overthrow democracy. Regardless of this judgment, the Bolsonaro campaign court had already banned to run for a public office by 2030.
Brazil is heavily polarized between the supporters of the left President Lula and the supporters of his right predecessor Bolsonaro. Many see criminal proceedings as politically motivated, others as proof of the strength of the institutions. According to experts, the coming weeks could be shaped by protests
