Bolsonaro Verdict Hangs in the Balance as 1 of 5 Judge Votes for Acquittal

A Brazilian Supreme Court judge says former President Jair Bolsonaro should be acquitted, 2 others have voted for conviction, and 2 others are yet to decide.

Former Brazilian President Jair Bolsonaro gestures from his residence in Brasilia on Sept. 3, 2025. Sergio Lima / AFP via Getty Images

A Brazilian Supreme Court judge, Justice Luiz Fux, voted on Sept. 10 to find former President Jair Bolsonaro not guilty of all charges in his trial for allegedly plotting a coup.

The announcement about Fux’s decision came after two judges of the five-member Supreme Court panel—Justices Alexandre de Moraes and Flávio Dino—voted for conviction on all five counts on Sept. 9.

Bolsonaro, 70, is accused of leading a plot to overturn the results of the 2022 election, in which he was narrowly defeated by Luiz Inacio Lula da Silva, an allegation that he denies.

The former president faces five counts: attempting to stage a coup, armed criminal organization, attempted violent abolition of the democratic rule of law, damage characterized by violence, and a serious threat against the state’s assets and deterioration of listed heritage.

Two more Supreme Court judges, Justices Carmen Lucia and Cristiano Zanin, are expected to vote later on Sept. 11, and if the majority finds Bolsonaro guilty, a full debate on sentencing is expected on Sept. 12.

But in that event, Bolsonaro’s lawyers are likely to appeal to the full Supreme Court of 11 justices, and could use some of the arguments Fux put forward to support their case.

The trial has drawn international attention, with U.S. President Donald Trump—one of Bolsonaro’s allies—calling it a “witch hunt.”

Fux took more than 13 hours to explain his vote before the panel.

‘Demonstrations Lacking Coordination’

He said: “No one can be punished for cogitation. A coup d’état does not result from isolated acts or individual demonstrations lacking coordination, but rather from the actions of organized groups, equipped with resources and strategic capacity to confront and replace the incumbent power.”

Fux drew comparisons between the disturbances by Bolsonaro supporters in the capital, Brasilia, on Jan. 8, 2023, and the actions of protesters from the anarchist group Black Bloc in 2013.

“For facts to be considered crimes, they must fit the letter of the criminal law as a glove fits the hand,” said Fux, who has ruled to convict dozens of Bolsonaro supporters who were involved in the disorder.

Fux said the case should be tried by a lower court judge, argued the former president’s defense did not have enough time to prepare, and said the former director of Brazil’s intelligence agency, Alexandre Ramagem, should not be on trial.

Fux said the Supreme Court should throw out the case, claiming it was not within its jurisdiction.

Lawyer: ‘I Am Vindicated’

One of Bolsonaro’s lawyers, Celso Vilardi, told journalists afterward: “I am vindicated. This was a technical vote.”

Bolsonaro was the president between 2019 and 2022 and is a former army officer who served in the military between 1973 and 1988.

Following his defeat, Bolsonaro alleged that the outcome had been affected by the manipulation of electronic ballot boxes by his opposition.

On Jan. 8, 2023, Bolsonaro’s supporters attacked government buildings. The next day, Bolsonaro condemned these attacks and denied responsibility.

However, in November 2024, officials charged Bolsonaro and others with attempting to overturn the rule of law and an attempted coup d’état.

In June 2023, the Brazilian Superior Electoral Court convicted him of fraud and counts related to the Jan. 8, 2023, incidents, and he was declared ineligible to run again until 2030.

In October 2023, the same court convicted Bolsonaro of abuse of power for his use of Brazil’s Independence Day to promote his candidacy, a violation of Brazilian law.

The attempted coup charge alone could result in a 12-year prison sentence, while the charges of leading an armed criminal organization and attempting to overthrow the democratic rule of law each carry a maximum sentence of eight years.

The remaining charges carry a maximum of three years’ imprisonment each.

The Associated Press contributed to this report.