Brazilian Supreme Court Justice Luiz Fux on Wednesday cast a vote to acquit former President Jair Bolsonaro of charges of forming a criminal organization and argued the trial should be annulled on jurisdictional grounds. His dissent from the five-judge panel heightened the likelihood of an appeal once the court delivers its final ruling this week.
Two justices have already voted to convict, while the remaining judges were appointed by President Luiz Inácio Lula da Silva, Bolsonaro’s 2022 rival. Fux’s stance supports the defense’s argument that the matter should be reviewed by the full 11-member court, which includes two Bolsonaro appointees.
Bolsonaro faces accusations of leading an armed criminal group, attempting to subvert democracy, organizing a coup, and destroying government and cultural property. His lawyers have denied all charges, pointing to procedural flaws in the trial.
In his remarks, Fux said the Supreme Court lacked jurisdiction once Bolsonaro left office, and if it did intervene, the case should have gone before the entire court rather than a five-judge panel. He also criticized the compressed timeline for the defense to prepare, citing an investigation that produced what he described as a “tsunami of data” totaling about 70 terabytes.
The case has deepened Brazil’s political divide, drawing large protests by Bolsonaro’s supporters. An extended appeals process could delay proceedings until the 2026 presidential campaign, when Bolsonaro maintains he intends to run despite a separate ban stemming from his claims surrounding the country’s voting system.
