Felipe Tirado, King’s College London

The Brazilian attorney-general has charged the country’s former president, Jair Bolsonaro, with participating in a plot to cling to power through a coup d’etat in 2023 milo. If Bolsonaro is convicted, he could spend between 38 and 43 years in prison.

Bolsonaro, who governed Brazil between 2019 and 2022 but lost his attempt at re-election to current president Luiz Inácio “Lula” da Silva, is one of 34 people to be formally charged for offences related to the alleged coup. These include high-ranking serving and retired members of the military, as well as former ministers and politicians.

The charges levelled against them are involvement in an attempted coup d’etat, violent abolition of the democratic rule of law, and criminal organisation.

According to the attorney-general’s 272-page indictment, Bolsonaro became increasingly inclined to pursue anti-democratic measures in the months before the election. He allegedly considered taking steps to retain power even before the first round of voting.

Then, after his defeat by an extremely narrow margin, the indictment claims that Bolsonaro and his alleged accomplices decided to implement the plan before Lula took office in January 2023.

An investigation by Brazil’s federal police in November found that the insurrection in the country’s capital Brasília on January 8 2023, where rioters invaded the presidential palace, congress and supreme court, was part of this plan. The same investigation suggested the plan also included a plot to assassinate Lula and his vice-president Geraldo Alckmin, as well as supreme court judge Alexandre de Moraes.

Bolsonaro denies any wrongdoing and – at least in public – is bullish about his fate. Speaking to journalists hours before the charges were filed, he said: “I have no concerns about the accusations, zero.”

The case will now be considered by the Supreme Court, whose judges will decide whether to initiate criminal proceedings against Bolsonaro and the other defendants. This is expected to happen over the coming weeks. If the judges accept the charges and proceedings are established, the defendants will be called to answer them.

This is the first time in Brazilian history that high-ranking members of the armed forces have been indicted and charged with crimes associated with a coup d’etat. According to the indictment, the intention was for the armed forces to be called upon to act as a “moderating power”, with the aim of overturning the election result.

Army generals Augusto Heleno, Walter Braga Netto and Paulo Sérgio Nogueira de Oliveira are among those who have been charged. These men served as ministers in the Bolsonaro government, with Braga Netto also running as the vice-president on Bolsonaro’s ticket in 2022.

Another high-ranking member of the armed forces charged by the attorney-general is Almir Garnier Santos, the commander of the Brazilian navy. These four men were allegedly part of the inner nuclei that planned and prepared the attempted coup.

Several other servicemen, including generals, colonels and other officers, were charged with crimes related to the planning and execution of the initial phases of the coup. The sentences for all of these men could amount to up to 30 years in prison.

Like Bolsonaro, Braga Netto denies any guilt. In a statement released on February 18, his lawyers called the charges a “fantasy”. Lawyers for Garnier Santos and Heleno have chosen not to comment until having fully reviewed the charges.

Unlike those in the military, some of the political figures charged by the attorney general had criminal antecedents. One of the politicians named in the indictment is Filipe Martins, Bolsonaro’s former international affairs adviser and a “disciple” of the deceased far-right polemicist, Olavo de Carvalho. Martins’ lawyers released a statement on February 18 calling the accusations “unfounded”.

In December 2024, Martins was convicted of making a gesture alluding to white supremacy during a virtual session of the senate. He initially received a sentence of two years and four months in prison for inciting racial prejudice, which was replaced by 850 hours of community service.

Far-right commentator Paulo Figueiredo Filho, the grandson of Brazil’s last military dictator, João Figueiredo, was also charged. He appeared on a podcast on February 19 to criticise the charge. Figueiredo lives in the US, where he was arrested in 2019 because of problems with his immigration status.

Lessons from and to Brazil

Brazil has already offered some lessons to other countries facing similar authoritarian challenges. Its response to the insurrection in Brasília was swift and robust. Within days, hundreds of rioters had been arrested and the state governor of the federal district was suspended for his sluggish response.

Then, in 2023, Bolsonaro was banned from running for office for eight years over false claims that the electronic ballots used in the previous year’s election were vulnerable to hacking and fraud. Those involved with the attempted military coup have also been investigated and some subsequently arrested.

But the coup plot case can also serve as a lesson to the country. Brazil has a history both of successful and unsuccessful military coups. The last successful military coup led to a dictatorship that lasted from 1964 until 1985.

Brazil also has a history of amnesties, whereby crimes committed during these coups and authoritarian regimes have been pardoned. There have been 48 amnesties in Brazil since 1889, with the most recent one, in 1979, allowing the dictatorship to self-amnesty its crimes.

For over 45 years, it has hindered criminal accountability for the perpetrators of the crimes of the dictatorship. This included the murder of politician Rubens Paiva, whose disappearance was the focus of the 2024 Oscar-nominated film, I’m Still Here.

Bolsonaro and other individuals charged, as well as their supporters and aligned politicians, have been demanding a “humanitarian amnesty” for those who allegedly participated in the coup plot.

Given Bolsonaro’s history, this seems paradoxical. Throughout his decades-long public career, Bolsonaro has consistently celebrated the crimes of the military dictatorship and supported violations of human rights. At the same time, he has also opposed individuals and organisations that advocate for victims of the dictatorship.

If Bolsonaro and his alleged accomplices are found guilty, it could be an unparalleled lesson for Brazil. Punishing anyone convicted would be an opportunity to step away from the country’s tradition of impunity and move towards addressing systemic injustices.

Felipe Tirado, PhD Candidate in Law, King’s College London

This article is republished from The Conversation under a Creative Commons license. Read the original article.