Brazil’s top court to decide if ex-President Bolsonaro will face charges. What could happen next?

SAO PAULO (AP) — A panel of Brazil’s Supreme Court will open proceedings Tuesday to decide whether former President Jair Bolsonaro and several of his associates will stand trial on five counts, including attempting to stage a coup d’etat.

The far-right leader was charged in February with plotting a coup after losing the 2022 election to his opponent and current President Luiz Inácio Lula da Silva.

Here’s where Bolsonaro’s case stands and what could happen next:

What has Bolsonaro been accused of?

Bolsonaro was charged in February by the country’s prosecutor-general with attempting a coup to remain in office after his 2022 election defeat. The indictment was based on a police investigation and accused Bolsonaro of five crimes.

Prosecutor-General Paulo Gonet said Bolsonaro led a criminal organization that had been active since at least 2021, spreading false claims about Brazil’s electronic voting system.

Gonet said Bolsonaro supported a plot to overturn the election results after his narrow defeat. The plan allegedly included poisoning his successor, Lula, and killing Supreme Court Justice Alexandre de Moraes, a foe of Bolsonaro. The indictment alleges Bolsonaro was aware of the plan and approved it.

Thirty-three others with ties to Bolsonaro have also been charged.

What is the Supreme Court voting on this week?

A Supreme Court panel will decide Tuesday whether to accept or dismiss the indictment against Bolsonaro.

If the panel determines there is enough evidence to suggest the accused committed the alleged crimes, a criminal prosecution will begin. The justices may also dismiss the indictment, though that is considered unlikely.

What happens next to Bolsonaro?

If the Supreme Court panel accepts the indictment, Bolsonaro will become a defendant in a criminal case. At this stage, justices may collect new evidence, hold hearings and interrogate defendants. Prosecutors and defense attorneys will then present their final arguments before the court rules on whether to acquit or convict.

If convicted, Bolsonaro could face years in prison. Under Brazilian law, a coup conviction alone carries a sentence of up to 12 years, but combined with the other charges, he could face decades behind bars.

Bolsonaro, who has already been banned from running for office until 2030 for abuse of power and undermining confidence in the country’s voting system, has denied wrongdoing and claims he is the target of political persecution.

What has been Bolsonaro’s reaction?

Bolsonaro has repeatedly denied wrongdoing and said he is a victim of political persecution. On Thursday, he rejected the accusations during a live YouTube broadcast alongside one of his lawyers, Paulo Cunha Bueno.

“What we have in this indictment is a constructed narrative in which the points are not connected by any evidence in the case file,” said Bueno.

The former president also refuted the accusations during a demonstration he staged with thousands of supporters in Rio de Janeiro on March 16.

On the political front, Bolsonaro and allied lawmakers have tried to amend a law that prevents convicted criminals from running for office.

They have also pushed for a bill that would pardon those convicted over an insurrection on Jan. 8, 2023, when supporters of the far-right leader stormed government buildings in Brasilia, Brazil’s capital, emulating the U.S. Capitol riots.