Passing sentence in Brazil: the jailing of Jair Bolsonaro

In convicting Brazil’s former president, its Supreme Court has sent a powerful message about democratic accountability – but the victory may be only a temporary

Jair Bolsonaro, Brazil's former president, flanked b police
Bolsonaro was convicted of charges including an attempted coup d’etat
(Image credit: Arthur Menescal / Bloomberg / Getty Images)

“Congress doesn’t work; I’d stage a coup on the same day [I was elected].” That’s how former army captain Jair Bolsonaro, then a mere congressman, put it to a reporter back in 1999 when asked what he’d do if in power. And that’s what Bolsonaro is now being sent to jail for, said Bernardo Mello Franco in O Globo (Rio de Janeiro): he’s the first former president in the 136 years of the Republic of Brazil to be convicted of an attempted coup.

As soon as he’d triumphed in the 2018 election, Bolsonaro had set out to destroy the system of checks and balances established by Brazil’s 1988 constitution. Seeking to initiate a new authoritarian state, “he militarised the government; tried to stifle the opposition; attacked the press and the universities”. And when his popularity took a dive during the pandemic and he was in danger of impeachment, he renewed his assault on the judiciary and sent tanks to the doors of congress, warning he’d only leave power if “imprisoned, dead, or victorious”.

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It’s a historic milestone all right, said Gazeta do Povo (Curitiba): but far from a reaffirmation of democracy, it’s a mark of “political vigilante justice”. As the one dissenting judge, Luiz Fux, pointed out, the evidence linking Bolsonaro to the mob attack was strikingly feeble. The case should have been tried by a full bench of 11 judges, not a panel of five, one of whom, Justice Moraes, was clearly biased. “Democracy isn’t strengthened by legally fragile convictions.”

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