Which Bolsonaro and allies feathers can face if they are condemned?

Former President Jair Bolsonaro (PL) and his allies became defendants after unanimous decision of the First Class of the Supreme Court on Wednesday (26), starting the opening of the criminal action against the accused group of orchestrating an attempted coup d’état that culminated in the acts of January 8, 2023.

According to the complaint filed by the Attorney General’s Office (PGR), accepted by the Supreme Court, if convicted, they may face penalties that would reach up to 43 years in prison.

The complaint, signed by Attorney General Paulo Gonet, lists five crimes for which Bolsonaro is accused, including leadership of armed criminal organization, attempted violent abolition of the Democratic Rule of Law, coup, damage qualified to public assets and deterioration of listed heritage.

Here are the crimes attributed to the group and the penalties provided for in the Penal Code that can be imputed to Bolsonaro, Mauro Cid, Braga Netto, Alexandre Ramagem,
Admiral Garnier, Anderson Torres, Augusto Heleno and Paulo Sérgio Nogueira.

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1. Armed criminal organization: Bolsonaro is accused of leading an armed criminal organization with the use of firearms, which increases the penalty to up to 17 years of imprisonment, given its leadership position and involvement of public servants in the scheme. The standard penalty would be three to eight years, but circumstances raise the possible conviction.

2. Attempted violent abolition of the Democratic Rule of Law: The complaint also includes the attempted violent abolition of the rule of law, with penalties ranging from four to eight years. This crime involves the attempt to suppress the democratic regime violently.

3.: Bolsonaro is accused of being part of a conspiracy to make a coup d’état, with penalties ranging from four to 12 years in prison.

4. Damage qualified to public heritage: The accusation of qualified damage to the union’s assets is linked to the attacks of January 8, 2023, when Bolsonaro supporters invaded and depredated buildings of the three powers. This crime is punished with detention of six months to three years and a fine.

5. DECLARATION OF HERITAGE DISSED: Bolsonaro also responds for the crime of deterioration of overturned assets, with penalties that may vary from one to three years in prison.

If Bolsonaro is convicted of all crimes, he can be sentenced to up to 43 years in prison. However, as a primary defendant, without criminal record, it is unlikely to receive the maximum penalty. The tendency is for the penalty to be milder, taking into account its history without previous convictions.

Other investigations

In addition to investigating the coup d’état, Bolsonaro also faces investigations into vaccination card fraud and the sale of jewelry received from foreign governments. The PGR has not yet decided to submit complaints on these other fronts.

Next Steps

After the Supreme Court accepts the complaint, the process advances to the instructional phase, where more evidence will be collected and witnesses heard. The final judgment is expected to take place until 2025, aiming to complete the case before the 2026 elections and prevent the process from affecting the electoral calendar. If the defendants do not accept the sentence, they may appeal, which may further prolong the case.