MercoPress. South Atlantic News Agency

Bolsonaro appeals conviction, cites STF “abuses”

Bolsonaro has been under house arrest since August

The defense team for former Brazilian President Jair Bolsonaro filed an appeal with the Federal Supreme Court (STF) on Monday against his 27-year, three-month prison sentence for attempting a coup d'état after losing the 2022 elections.

Bolsonaro was convicted in September for attempting to prevent the inauguration of President Luiz Inácio Lula da Silva. The appeal—known as a motion for clarification—seeks to correct “ambiguities, omissions, contradictions, and obscurities” in the STF's decision.

“There are relevant points to be clarified, both in terms of the conviction and the sentence imposed, which are deeply unjust,” the former president's lawyers stated in the filing, submitted on the final day allowed for appeal.

Bolsonaro's lawyers, Celso Vilardi and Paulo Cunha Bueno, focused their arguments on alleged obstacles to the defense and “abuses” by case rapporteur Alexandre De Moraes.

The defense claimed that the judge curtailed the investigation by denying requests for postponement, preventing them from having sufficient time to analyze evidence and contest facts alleged by the Attorney General's Office. They argued that key appeals remained “parked” without collegiate analysis.

The defense for former Chief of Staff General Walter Braga Netto (also convicted in the plot) mirrored these claims, alleging that De Moraes was not impartial and displayed an “inquisitorial” attitude when hearing witnesses.

Both Bolsonaro's and Braga Netto's defense teams reiterated their attack on the validity of the plea bargain agreement struck by the former president’s aide-de-camp, Lieutenant Colonel Mauro Cid.

Bolsonaro's lawyers argued that Cid’s repeated “rectification of the versions” and alleged lies undermine his credibility, especially since the informant has a vested interest in preserving his plea deal.

Braga Netto's defense specifically contested the lack of a recording of the confrontation between General Braga Netto and Mauro Cid, arguing that a full recording was essential to capture the “nuances of tone” in the statements.

Cid was sentenced to two years of open prison under his plea deal. His legal team did not appeal the sentence, aiming to ensure the final decision leads to the extinction of the sentence and the end of precautionary measures against him.

While the STF has no deadline for ruling on the appeal, legal experts consulted by local media noted that while a change in the conviction's meaning is rare, changes to the length of a sentence were possible.

Bolsonaro's lawyers have already announced plans to appeal the sentence, “including at the international level.”

The 70-year-old former president has been under preventive house arrest since August for failing to comply with prior precautionary measures. He will not be definitively imprisoned until all legal appeals are exhausted.

Due to ongoing health problems stemming from a 2018 stabbing, including a recent skin cancer diagnosis, Bolsonaro could potentially request to serve his sentence at home, a precedent set by former President Fernando Collor de Mello.

The case moves forward as US President Donald Trump imposed 50% tariffs on Brazilian products, citing a “witch hunt” against Bolsonaro, although he met with President Lula on Sunday to discuss the trade measures.