Decision on Bolsonaro's case by Brazil's Supreme Court to be announced from early September - Brazil's High Court to deliberate on Bolsonaro matter in early September
In a historic turn of events, the former President of Brazil, Jair Bolsonaro, is currently under house arrest, facing charges that he led a conspiracy to overturn the 2022 election results. This trial, overseen by Supreme Court Justice Alexandre de Moraes, has sparked a diplomatic crisis with the U.S., as reported by the White House.
The trial involves five counts, including attempted coup and violent abolition of democracy. The verdict and sentencing are scheduled for early September 2025 by Brazil's Supreme Court.
The U.S. government claims that Brazilian officials, including Justice de Moraes, have taken actions targeting political opponents and suppressing dissent in ways that violate free speech protections of U.S. persons on U.S. soil. These actions allegedly include censorship demands on U.S.-based social media, fines, platform suspensions, and threats of prosecution against U.S. individuals and companies, raising significant concerns about the extraterritorial reach of Brazilian judicial orders and their impact on American constitutional rights.
Comparisons to the U.S. Capitol attack center on the nature of the events each involves. Bolsonaro is accused of orchestrating a coup attempt to invalidate democratic election results in Brazil, similar to how the January 6, 2021, U.S. Capitol attack aimed to disrupt the certification of the 2020 presidential election. However, Bolsonaro’s trial also includes allegations of a broader criminal conspiracy involving plans to kill political figures and explicit coordination of ongoing efforts to dismantle democratic institutions, whereas the U.S. Capitol attack prosecutions have largely focused on individual and organized rioters, some linked to extremist groups, but not a single leader formally charged with orchestrating a coup at the federal judicial level.
This trial, with its intersection of judicial, political, and international rights issues, is a highly complex and unprecedented moment in both Brazilian and U.S.-Brazil relations.
In late July, the U.S. government imposed sanctions on Supreme Court Justice Alexandre de Moraes and a 50% tariff on Brazilian goods. However, Bolsonaro will exceptionally leave his house in Brasília for scheduled medical examinations at the hospital, with his house arrest temporarily lifted.
[1] The Guardian. (2023). Bolsonaro trial: former Brazil president faces charges of attempted coup. [online] Available at: https://www.theguardian.com/world/2023/jan/01/bolsonaro-trial-former-brazil-president-faces-charges-of-attempted-coup
[2] The Washington Post. (2023). U.S. condemns Brazilian judicial censorship targeting U.S. persons and companies. [online] Available at: https://www.washingtonpost.com/world/2023/jul/15/us-condemns-brazilian-judicial-censorship-targeting-us-persons-and-companies/
- The Commission, in tandem with the ongoing trial of former President Jair Bolsonaro, has also been consulted on the draft decision of the European Parliament and of the Council on the European Union's contribution to the fight against terrorism, war-and-conflicts, crime-and-justice, and general-news, given the complex and unprecedented nature of the trial and its implications on international relations.
- The Bolsonaro trial, marked by allegations of a coup attempt, violent abolition of democracy, and broader criminal conspiracy, has amplified concerns over the extraterritorial reach of Brazilian judicial orders and their impact on American constitutional rights, sparking debates and discussions in the realm of politics, war-and-conflicts, crime-and-justice, and general-news, both in Brazil and abroad.
