Bolsonaro could face 43 years in prison as leader of coup plot
Now, it will be up to the Supreme Federal Court (STF) to decide Bolsonaro’s future and that of the other defendants
247 - The Attorney General of the Republic, Paulo Gonet, filed charges on Tuesday (18) against former president Jair Bolsonaro (PL) and 33 others in the investigation into the attempted coup. The charges, based on Federal Police (PF) investigations, were submitted to the Supreme Federal Court (STF) and assert that Bolsonaro not only had knowledge of the conspiracy but actively led it. The information was reported by journalist Fausto Macedo from Estado de S. Paulo.
According to Gonet, the criminal organization led by the former president had an "authoritarian power project" with strong influence from military sectors. Among the accused, 23 are military personnel, including General Walter Braga Netto, former Minister of Defense and Bolsonaro’s running mate in the 2022 election.
If convicted of the crimes listed in the charges, Bolsonaro could face more than 43 years in prison. However, the former president’s defense rejected the accusations, arguing that there is no evidence linking him directly to the plan. “No element that minimally connects the president to the narrative constructed in the indictment was found,” his lawyers stated in a note.
The Crimes Attributed to Bolsonaro and His Allies
The indictment details the crimes allegedly committed in an attempt to subvert the democratic order. They include:
- Attempted violent abolition of the Democratic Rule of Law – penalty of 4 to 8 years in prison;
- Coup d’état – penalty of 4 to 12 years in prison;
- Armed criminal organization – penalty of 3 to 8 years, up to 17 years with aggravating factors;
- Qualified damage against Union property and serious threats – penalty of 6 months to 3 years;
- Deterioration of protected heritage property – penalty of 1 to 3 years.
The 272-page indictment was sent to the First Panel of the STF, which will determine if there is sufficient evidence to open a criminal case. The case rapporteur is Minister Alexandre de Moraes.
The Meeting With the Military Leadership and the 'Insurrection Act'
One of the key elements in the indictment is a meeting held on December 14, 2022, between Bolsonaro, the commanders of the Armed Forces, and then Minister of Defense, Paulo Sérgio Nogueira. According to the Federal Police, this meeting was a preparatory act for the attempted coup, which was ultimately thwarted due to a lack of support from the Army leadership.
“The President of the Republic, who is the supreme authority of the Armed Forces, convened the military leadership to present a carefully designed plan to break the constitutional order. This constitutes an insurrection act in progress, although not yet fully executed in its most harmful potential,” Gonet stated in the indictment sent to the STF.
Plan to Assassinate Lula, Alckmin, and Moraes
Another serious point in the indictment concerns Bolsonaro’s alleged approval of a plot called the ‘Green and Yellow Dagger Plan’, which envisioned the assassination of President Luiz Inácio Lula da Silva (PT), Vice President Geraldo Alckmin (PSB), and STF Minister Alexandre de Moraes. According to Gonet, the former president "had knowledge of and agreed to the plan".
Bolsonaro Has Already Been Indicted in Other Cases
In addition to the coup investigation, Bolsonaro has already been indicted in other Federal Police investigations, including the alleged fraud in his COVID-19 vaccination card and the scheme to misappropriate and sell jewels from the presidential collection.
The coup attempt investigation consolidates the multiple legal cases against the former president, making it the central piece in his criminal liability.
Complete List of the Indicted Individuals
Besides Bolsonaro, the indictment includes:
- Ailton Gonçalves Moraes Barros
- Alexandre Ramagem
- Almir Garnier Santos
- Anderson Torres
- Angelo Martins Denicoli
- Augusto Heleno
- Bernardo Romão Correa Netto
- Carlos Cesar Moretzsohn Rocha
- Cleverson Ney Magalhães
- Estevam Cals Theophilo Gaspar de Oliveira
- Fabrício Moreira de Bastos
- Fernando de Sousa Oliveira
- Filipe Garcia Martins
- Giancarlo Gomes Rodrigues
- Guilherme Marques de Almeida
- Hélio Ferreira Lima
- Marcelo Bormevet
- Márcio Nunes de Rezende Júnior
- Marcelo Costa Câmara
- Mario Fernandes
- Marília Ferreira de Alencar
- Mauro Cid
- Nilton Diniz Rodrigues
- Paulo Renato de Oliveira Figueiredo Filho
- Paulo Sérgio Nogueira de Oliveira
- Rafael Martins de Oliveira
- Reginaldo de Oliveira Abreu
- Rodrigo Bezerra de Azevedo
- Ronald Ferreira de Araujo Júnior
- Silvinei Vasques
- Sergio Ricardo Cavaliere de Medeiros
- Walter Souza Braga Netto
- Wladimir Matos Soares
Bolsonaro and Braga Netto’s Defense
Bolsonaro’s defense vehemently rejected the charges from the Attorney General’s Office. In a statement, his lawyers said that “no element was found that minimally connects the president to the narrative built in the indictment,” calling the case "flimsy, incoherent, and lacking factual accuracy".
Meanwhile, General Braga Netto's lawyers also dismissed the allegations as "fictitious", criticizing the fact that the former minister has been imprisoned for over 60 days without full access to case files. “It is unacceptable that, in a Democratic Rule of Law, so many violations of the right to defense are being committed so blatantly,” they said in a statement.
Now, it will be up to the STF to decide the fate of Bolsonaro and the other accused individuals.