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"If Brazil had tried the crimes of the military dictatorship, it certainly wouldn't be trying another coup attempt now," said one leftist lawmaker. "We can't fix the past, but we can write a new story!"
Brazilian leftists including President Luiz Inácio Lula da Silva hailed Wednesday's unanimous ruling by a panel of the Federal Supreme Court compelling former far-right President Jair Bolsonaro and seven associates to stand trial for alleged crimes including an attempted coup d'état following his loss to Lula in the 2022 presidential election.
The panel voted 5-0 to accept a complaint filed by the office of Brazilian Attorney General Jorge Messias to indict Bolsonaro, former Brazilian Intelligence Agency Director Alexandre Ramagem, former Navy Commander Almir Garnier, former Justice Minister Anderson Torres, former Institutional Security Bureau Minister Augusto Heleno, former presidential aide Mauro Cid, former Defense Minister Paulo Sérgio Nogueira, and former Defense Minister and presidential Chief of Staff Walter Braga Netto.
Bolsonaro will stand trial for allegedly attempting a coup, involvement in an armed criminal organization, attempted violent abolition of the democratic rule of law, violent damage of state property, and other charges. A coup conviction carries a sentence of up to 12 years' imprisonment under Brazilian law. However, if convicted on all counts, Bolsonaro and his co-defendants could face decades behind bars.
"It's clear that the former president tried to stage a coup."
The eight defendants are accused of being the "crucial core" of a plan to overturn the results of the 2022 election, which Lula narrowly won in a runoff. Like U.S. President Donald Trump in 2020, Bolsonaro and many of his supporters falsely claimed the contest was "stolen" by the opposition. And like in the U.S., those claims fueled mob attacks on government buildings. Around 1,500 Bolsonaro supporters were arrested in the days following the storming of Congress and the presidential offices.
In February, Prosecutor-General Paulo Gonet indicted Bolsonaro and 33 others for their alleged roles in a plot to overturn the election that included poisoning Lula and also assassinating Vice President Geraldo Alckmin and Supreme Court Justice Alexadre de Moraes, one of the five judges on the panel that issued Wednesday's ruling.
"It's clear that the former president tried to stage a coup," Lula, who is on a four-day state visit to Japan, said in response to the high court's decision. "It is clear from all the evidence that he tried to contribute to my assassination, assassination of the vice president, assassination of the former president of the Brazilian Electoral Court, and everybody knows what happened."
Lula said that Bolsonaro "knows what he did... and he knows that it was not right," adding that "he should prove his innocence... and he will go free."
"Now, he has no way of proving that he is innocent, since he has no way of proving that he did not attempt the coup," Lula added. "I just hope the justice system will do justice."
The former president is already banned from running for any office until 2030 due to his abuse of power related to baseless claims of electoral fraud.
Bolsonaro and his supporters have been pushing for amnesty, an effort Lula recently said "means he's basically saying, 'Guys, I'm guilty.'"
Erika Hilton, a member of the Chamber of Deputies—the lower house of Brazil's Congress—representing Rio de Janeiro in the Socialism and Liberty Party (PSOL), said Thursday on social media, "NO AMNESTY FOR COUP PLOTTERS!"
"We cannot allow these people to be acquitted," Hilton stressed. "This is because the Bolsonarists in Congress want to pardon them, just as the coup plotters of 1964 were pardoned. And Brazil cannot make that mistake again."
Hilton was referring to the U.S.-backed coup that overthrew the democratically elected leftist government of President João Goulart and installed 21 years of military rule characterized by forced disappearances, torture—sometimes taught by U.S. operatives—and extrajudicial murder of at least hundreds of people.
Former Brazilian President Dilma Rousseff, who is a member of Lula's Workers' Party (PT), was tortured by the regime. Bolsonaro, an army officer during the dictatorship, has prasied the military regime while taunting its victims and lauding one of its leading torturers as a "national hero."
Other leftist lawmakers and observers invoked the dictatorship in urging the government to deliver justice to Bolsonaro and his alleged accomplices.
"If Brazil had tried the crimes of the military dictatorship, it certainly wouldn't be trying another coup attempt now," argued Helder Salomão, a PT deputy from Espírito Santo. "It's also true that people like Bolsonaro wouldn't go this far. We can't fix the past, but we can write a new story!"
Ricardo Pereira, a professor and journalist, said on social media that "a despicable figure" like Bolsonaro would not have risen to power had Brazil tried dictatorship-era criminals, adding that "we are belatedly cleaning up history, but at least we are doing this."
Addressing reports that Bolsonaro may attempt to flee to Argentina—which is ruled by right-wing President Javier Milei—or the United States, where he applied for a visa amid his mounting legal troubles in 2023, Ivan Valente, a PSOL deputy representing São Paulo, said: "Thinking about escaping? It won't work, fugitive, you'll get jailed!"
A date for Bolsonaro's trial has not yet been set. The chair of the Supreme Court panel is expected to issue a legal framework within days.
"Then, [Moraes] prepares a report and requests a trial date," Eloísa Machado, a law professor at the Fundacão Getulio Vargas University in São Paulo, told The Associated Press on Wednesday. "After this stage, prosecutors and defense attorneys will present their final arguments before the court rules on whether to acquit or convict."
Responding to Wednesday's ruling, Bolsonaro told the Supreme Court justices, "If I go to jail, I will give you a lot of work."
"This lawsuit is about pressuring him to let Bolsonaro off the hook," said one political scientist.
In a move that one political scientist said appeared aimed at "promoting autocracy globally," U.S. President Donald Trump's media company sued a Supreme Court justice in Brazil Tuesday just as the judge was considering whether to order the arrest of former right-wing Brazilian President Jair Bolsonaro—a close ally of Trump.
The Trump Media and Technology Group, which runs the president's Truth Social platform, filed a lawsuit against Justice Alexandre de Moraes in a U.S. court in Tampa, Florida.
Along with the social media site Rumble, the company, in which Trump holds a majority stake, argued that Moraes censored conservative commentators in the U.S. by ordering Rumble to remove accounts of high-profile supporters of Bolsonaro.
Moraes last year ordered the suspensions of hundreds of social media accounts that he argued promoted the anti-democratic actions of the former Brazilian president and his supporters.
The judge ordered the confiscation of Bolsonaro's passport and the arrests of his allies as the government investigated a plot to stage a coup after the former president's 2022 election loss. Similar to the January 6, 2021 riot at the U.S. Capitol after Trump urged his supporters to try to stop lawmakers from certifying the 2020 election results, a mob of Bolsonaro supporters stormed the Brazilian Supreme Court and other government buildings in January 2023.
On Tuesday, hours before Trump's company filed its lawsuit, Moraes received an indictment of Bolsonaro in which prosecutors accused the former president of plotting to assassinate the judge in order to retain power.
Bolsonaro has also been accused of orchestrating a plot to kill his successor and political rival, President Luiz Inácio Lula da Silva. The former president has denied involvement in the coup attempt and assassination plot.
With the indictment received by the Supreme Court, Moraes is expected to weigh whether Bolsonaro poses a flight risk and should be arrested and detained until his trial.
But Trump appeared intent on pressuring the judge out of seeking the arrest of his ally.
Kevin Pallister, author of the book Elections in Latin America: Campaigns, Voters, and Institutions, said Moraes "has gone too far in censoring online content in Brazil. But this lawsuit is about pressuring him to let Bolsonaro off the hook."
Trump's company argued in its lawsuit that Moraes' "gag orders" demanding the removal of prominent pro-Bolsonaro accounts from Rumble "enforce a universal ban on the targeted accounts—imposing a total blackout that extends even to U.S. users."
The LGBTQ+ rights advocacy group Truth Wins Out said Trump's fight against the censorship of right-wing voices on social media displays "astounding" hypocrisy considering his purge of "all dissent" in the ranks of the federal government in recent weeks.
The lawsuit comes a month after Bolsonaro expressed hope in a New York Times interview that Trump's reentry into the White House could have a positive impact on his legal battles in Brazil.
"I'm not going to try to give Trump any tips, ever," he told the newspaper. "But I hope his politics really spill over into Brazil."
Moraes has also come into conflict with Elon Musk, the tech mogul who has been designated a "special government employee" as the head of Trump's Department of Government Efficiency, overseeing the takeover of numerous federal agency and seizure of troves of confidential data.
Musk backed down last year from his refusal to comply with Moraes' order to suspend accounts that the judge said attacked Brazil's democratic institutions.
The billionaire has repeatedly called for Moraes to be jailed and insulted him in social media posts in response to the judge's orders.
"Elon Musk showed his total disrespect for Brazilian sovereignty and, in particular, for the judiciary," said Brazilian Supreme Federal Court Justice Alexandre de Moraes.
Brazilian Supreme Federal Court Justice Alexandre de Moraes on Friday ordered the nationwide suspension of Elon Musk's X social media platform in response to the billionaire's failure to comply with the judge's directive to appoint a legal representative in the South American country.
Moraes ordered the "immediate, complete, and total suspension of X's operations" in the nation of 215 million people, "until the court's judicial decisions are complied with and the fines applied are paid" and "until a representative of the company in the country is appointed."
The judge also infuriated Musk by blocking his SpaceX company from conducting financial transactions in Brazil over millions of dollars in unpaid fines imposed on X—formerly known as Twitter—for breaking Brazilian laws.
"X Brazil failed to comply with several court orders, as well as the willful intention of evading responsibility for complying with the court orders issued."
Earlier this month, Musk withdrew X's staff from Brazil after Moraes threatened to arrest the company's legal representative if the platform did not delete user accounts spreading far-right misinformation and hate speech in violation of Brazilian law.
"Elon Musk showed his total disrespect for Brazilian sovereignty and, in particular, for the judiciary, setting himself up as a true supranational entity and immune to the laws of each country," Moraes said.
"The president of the National Telecommunications Agency, Carlos Manuel Baigorri, must take all measures to ensure the suspension," Moraes continued, adding that he "also ordered Apple and Google to take measures to block the use of the application by iOS and Android systems, in addition to removing it from their virtual stores."
Internet service providers and app stores have five days to comply with Moraes' ruling. People who use virtual public networks (VPNs) to skirt the new ban are subject to a roughly $8,900 fine.
Moraes stated that he "made every possible effort and granted every opportunity for X Brazil to comply with the judicial orders and pay the fines, which would have avoided the adoption of this more serious measure."
"Unfortunately," he added, "the illicit conduct was repeated in this investigation, making it clear that X Brazil failed to comply with several court orders, as well as the willful intention of evading responsibility for complying with the court orders issued."
In April, Moraes
launched a criminal investigation into Musk's alleged obstruction of justice and incitement to crime.
Friday's decision comes amid a monthslong feud between Musk—the world's wealthiest person—and Moraes. Musk has accused the judge of "censorship" and of being a "tyrant."
"Alexandre de Moraes is an evil dictator cosplaying as a judge," Musk
said Thursday on X in one of several increasingly sophomoric posts.
However, as Brazil-based journalist Brian Mier
explained, "this is about sovereignty."
"Treating a system where the rich can buy more reach than normal citizens as if it were a democratic commons, as a 'free speech' issue, is ludicrous," Mier wrote on X. "In the Global South, U.S. social media corporations are coup machines."
In the 1960s, the United States played an instrumental role in overthrowing a democratically elected Brazilian government and installing a 21-year military dictatorship in which a young Jair Bolsonaro—the former right-wing Brazilian leader who is the target of multiple criminal probes led by Moraes—served as an army officer.
Brazilian President Luiz Inácio Lula da Silva offered thoughts on Musk and the case ahead of Friday's ruling during a television interview.
"Who does he think he is?" asked Lula. "He has to respect the rules of this country."