Brazil's Supreme Court on Friday rejected a new appeal from former president Jair Bolsonaro, declaring the filing inadmissible and leaving his 27-year conviction for attempting to block the transfer of power intact. Judge Alexandre de Moraes said the petition lacked the procedural support needed to proceed because only one of five judges had voted not to convict. The court authorized Bolsonaro's transfer to a Brasilia hospital for hernia surgery but denied a request to place him under house arrest; meanwhile, Congress passed a bill that could cut his sentence, which President Lula has pledged to veto.
Supreme Court Judge Dismisses New Bolsonaro Appeal — 27-Year Sentence Stands; Hospital Transfer Approved
Former Brazilian president Jair Bolsonaro's sentence could yet be reduced sharply under a law passed by the conservative-controlled Congress (EVARISTO SA)(EVARISTO SA/AFP/AFP)
Brazil's Supreme Court on Friday dismissed a fresh appeal from jailed former president Jair Bolsonaro challenging his conviction for attempting to block the transfer of power, declaring the filing inadmissible, according to a court document seen by AFP.
Appeal Dismissed
Judge Alexandre de Moraes, who presided over Bolsonaro's trial, said the late petition could not proceed because procedural rules require at least two judges to have voted against conviction. Only one of the five-judge panel voted not to convict, so the filing was declared inadmissible.
Conviction and Sentence
Bolsonaro, 70, began serving a 27-year prison sentence in November after Brazil's highest court found he orchestrated a scheme to prevent Luiz Inacio Lula da Silva from taking office following Bolsonaro's failed 2022 re-election bid. Bolsonaro has consistently denied wrongdoing and says he is the victim of political persecution.
Political Context
This week, the conservative-controlled Congress passed a law that could dramatically reduce Bolsonaro's sentence to just over two years. President Lula has pledged to veto the measure, but Congress retains the power to override his veto — leaving the issue unresolved and politically charged.
Health, Hospital Transfer and House Arrest Request
Following a request from Bolsonaro's lawyers, the Supreme Court authorized his transfer to a Brasilia hospital for surgery to treat persistent hiccups and an inguinal hernia. Police said an official medical exam confirmed a hernia 'that requires elective surgical repair,' and specialists recommended the procedure be carried out as soon as possible because it was affecting his sleep and eating and posed an increased risk of complications.
Bolsonaro has a history of abdominal injuries after being stabbed during his 2018 campaign and has undergone several follow-up operations. His legal team also asked that he be allowed to serve the remainder of his sentence under house arrest for health reasons; Judge Moraes denied that request.
Detention Incident
The former president had been under house arrest until shortly before his sentence officially began. He was detained after allegedly attempting to remove his ankle monitoring bracelet with a soldering iron — an act the court viewed as an escape attempt. Bolsonaro said his behavior was the result of medication-induced paranoia.
Bottom line: With the fresh appeal dismissed, Bolsonaro's conviction remains in place for now. Legal, medical and political developments — including a controversial congressional bill and pending health procedures — mean the case is likely to remain a focal point of Brazil's national debate.
