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Brazil’s Top Court Upholds Bolsonaro Conviction, Triggering Narrow, Time-Limited Appeal Options

The unanimous rejection of his first appeal will be formalized shortly, opening brief deadlines for seldom-successful challenges before any sentence is carried out.

Overview

  • The Supreme Court’s First Panel unanimously rejected Jair Bolsonaro’s clarification appeal on November 14, leaving intact his 27 years and three months sentence for leading the January 8 plot.
  • Proclamation of the result and publication of the judgment are expected within days, which will open a five-day window for a second round of clarification appeals.
  • The defense can also attempt embargos infringentes within roughly ten days, but current STF practice requires two votes for acquittal in panel cases and only Luiz Fux dissented.
  • Relator Alexandre de Moraes can deny infringentes on his own, and a review of past cases finds only about 7% of such appeals succeeded since 2013.
  • The sentence will be executed only after all appeals end, when the court will decide custody arrangements such as Papuda or Federal Police facilities; Mauro Cid did not appeal and is already serving in an open regime.