In a dramatic turn of events, Brazilian Supreme Court Justice Luiz Fux has voted to annul the case against former President Jair Bolsonaro, citing improper jurisdiction.
This unexpected move has sparked controversy and added intrigue to the trial, which has already polarized the nation.
Bolsonaro stands accused of plotting a coup to remain in power after losing the 2022 election to leftist President Luiz Inacio Lula da Silva.
The former president faces serious charges, including taking part in an armed criminal organization, attempting to violently abolish democracy, organizing a coup, and damaging government property and protected cultural assets.
His lawyers have maintained his innocence on all counts, arguing that the trial involved several procedural mistakes. If convicted, Bolsonaro faces up to 43 years in prison, while his seven co-defendants, including ex-ministers and army generals, face similar sentences.
In his vote during the trial’s final deliberations, Fux argued that the case should have been heard by lower courts because Bolsonaro had left office.
“I vote … that the Supreme Court has no jurisdiction to judge this case because the defendants had already lost their [political] positions,” Fux said.
He also expressed concerns about the defense team’s preparation time, noting that the investigation generated around 70 terabytes of documents, which he called a “tsunami of data” and “document dumping”.
Fux’s vote could bolster the argument of Bolsonaro’s defense that the case should be decided by the high court’s full bench of 11 justices, including two who were appointed by the former president.
A lengthy appeals process would also push proceedings closer to the 2026 presidential campaign, in which Bolsonaro still insists he will be a candidate.
The former president was barred from running for office in a separate case over his spreading of unfounded claims about Brazil’s electronic voting system.
Tens of thousands of Bolsonaro supporters took to the streets on Sunday ahead of the verdict, raising concerns about the implications of a possible guilty verdict.
The case has drawn widespread attention in Brazil, with many wondering about the potential consequences of a conviction.
Bolsonaro’s supporters have called on United States President Donald Trump – a close ally of the Brazilian former leader – to intervene in the case. Trump has denounced the trial as a “witch hunt” and levied sanctions against Justice Alexandre de Moraes, as well as steep tariffs on Brazilian goods.
The high court still seems likely to convict Bolsonaro, with two judges already voting to convict and two more appointed by President Lula da Silva expected to follow suit.
However, Fux’s vote has added uncertainty to the outcome, and the case is likely to continue sparking controversy and debate in Brazil and beyond. As the trial nears its conclusion, the nation remains on edge, waiting to see how the Supreme Court will ultimately decide.
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