Volkswacht Bodensee - Brazil court mulls Bolsonaro appeal against jail term

The 70-year-old far-right firebrand was found guilty by the same court in September of attempting to prevent President Luiz Inacio Lula da Silva from taking power.

Prosecutors said the plan failed only due to a lack of support from military top brass.

Alexandre de Moraes, who presided over the trial, was the first of the panel of four judges to cast his vote electronically, and wrote that arguments by Bolsonaro's lawyers to have his sentence reduced were "without merit".

Moraes, in a 141-page document seen by AFP, rejected defense claims they had been given an overwhelming amount of documents and digital files, preventing them from properly mounting their case.

He also rejected an argument that Bolsonaro had given up on the coup, saying it failed only because of external factors, not because the former president renounced it.

In their appeal, Bolsonaro's lawyers had alleged "ambiguities, omissions, contradictions and obscurities."

Moraes reaffirmed that there had been a deliberate coup attempt orchestrated under Bolsonaro's leadership, with ample proof of his involvement.

He ruled that the sentence of 27 years and 3 months was based on Bolsonaro's high culpability as president and the severity and impact of the crimes. Moraes said Bolsonaro's age had already been considered as a mitigating factor.

A second judge also voted to uphold the sentence a few hours later.

In a note sent to AFP last week, the court said it would consider Bolsonaro's appeal in a virtual session from November 7 to 14.

Bolsonaro has been under house arrest since August. Under Brazilian law, he will not be sent to prison until all legal avenues are exhausted.

If this is rejected, his lawyers could file another appeal, but the court could refuse to hear it and Bolsonaro could be jailed.

Because of health problems stemming from a stabbing attack in 2018, Bolsonaro could ask to serve his sentence under house arrest.

Prosecutors say the plot at the heart of the case envisaged the assassination of Lula, his vice-president Geraldo Alckmin, and the judge Alexandre de Moraes.

The trial against Bolsonaro angered his ally, US President Donald Trump, who imposed sanctions on Brazilian officials and punitive trade tariffs.

However, in recent months tensions have thawed between Washington and Brasilia, with a meeting taking place between Trump and Lula and negotiations to reduce the tariffs.

R.Buehler--VB