Brazil’s Supreme Court Opens Virtual Review of Bolsonaro Appeal, Paving Way for Possible Sentence Enforcement

Overview

• The Supreme Federal Court’s First Panel began judging embargos de declaração at 11:00 on November 7 in a virtual session that remains open for votes until 23:59 on November 14.
• Only Alexandre de Moraes, Cármen Lúcia, Cristiano Zanin and Flávio Dino will vote after Luiz Fux moved to the Second Panel, removing the lone prior dissent.
• The filings allege omissions and contradictions, argue curtailed defense time to analyze more than 70 terabytes of evidence, challenge Mauro Cid’s plea, and seek recalculated penalties and absorption of overlapping crimes.
• Bolsonaro and seven allies were convicted on September 11 for the alleged plot to overturn the 2022 election, with Bolsonaro sentenced to 27 years and three months; Mauro Cid did not appeal and is serving a two-year open-regime sentence.
• If the motions are denied and further remedies are not admitted, Moraes can order execution of sentences, with detention to be defined — potentially Papuda prison, a Federal Police facility, military quarters for ex-military defendants, or house arrest for health reasons.