A panel of five justices unanimously voted to proceed with the charges filed by Prosecutor-General Paulo Gonet. Bolsonaro and 33 others are accused of plotting to keep the former president in power through various means, including a plan to assassinate his successor, President Luiz Inácio Lula da Silva, and a Supreme Court justice.
Seven of Bolsonaro’s close allies will also stand trial on five serious charges: attempting to stage a coup, involvement in an armed criminal organization, attempted violent abolition of the democratic rule of law, violent damage to state assets, and destruction of protected national heritage.
Bolsonaro has repeatedly denied any wrongdoing and claims he is the target of political persecution. His legal team has not yet commented on the court’s decision.
If convicted of a coup, Bolsonaro could face up to 12 years in prison. The combined charges could lead to a significantly longer sentence.
Prosecutor-General Gonet argued that Bolsonaro and his allies were determined to keep him in office "at all costs" and engaged in a series of actions that intensified after his election defeat. The indictment alleges that their plan included tracking and plotting to kill Lula and Supreme Court Justice Alexandre de Moraes. According to Gonet, their efforts failed only because they could not secure the support of the army’s commander at the last minute.
"Frustration overwhelmed the members of the criminal organization who, however, did not give up on the violent seizure of power, not even after the elected president of the republic was sworn in," Gonet said.
The case also ties Bolsonaro’s inner circle to the January 8, 2023, riots, when his supporters stormed and vandalized the Supreme Court, presidential palace, and Congress in Brasilia just one week after Lula’s inauguration.
Others facing trial include Bolsonaro’s 2022 running mate and former Defense Minister Walter Braga Netto, ex-Justice Minister Anderson Torres, and former aide-de-camp Mauro Cid. The court will decide the fate of additional accused individuals at a later date.