Volkswacht Bodensee - Prison looms for Brazil's Bolsonaro after court rejects his appeal

Bolsonaro lost the 2022 elections and was convicted in September for his efforts to prevent President Luiz Inacio Lula da Silva from taking power after the polls.

Prosecutors said the scheme -- which included plans to assassinate Lula and a top Supreme Court judge -- failed only due to a lack of support from military top brass.

A panel of Supreme Court judges weighing Bolsonaro's appeal all voted to uphold the sentence last week. The result was not considered official until midnight on Friday.

A source at the court, speaking on condition of anonymity, told AFP that once the result of the hearing is published -- which could take place as early as Monday -- the defense will have five days to submit a new appeal.

However, this appeal can be "quickly" quashed by lead judge Alexandre de Moraes, who will then publish the final judgment.

"Generally, after the publication of the final judgment, the arrest warrant is issued on the same day" by the lead judge, and it is Moraes who will decide where the arrest happens, explained Thiago Bottino, a professor at the Getulio Vargas Foundation Law School.

The court source estimated that Bolsonaro could be sent to prison in the last week of November, according to court procedure timelines.

The 70-year-old former army captain, who maintains his innocence, has been under house arrest since August.

Because of health problems stemming from a stabbing attack in 2018, he could ask to serve his prison term at home.

- 'Ready to kill' -

The charges against Bolsonaro focused on his efforts to undermine the voting system to allege fraud if Lula won the election and later justify a military intervention.

Then there was the plot to assassinate Lula, his vice president Geraldo Alckmin, and Moraes, which prosecutors said Bolsonaro had approved.

"We were ready to kill a lot of people," a man suspected of being part of the planned hit squad, federal police agent Wladimir Soares, said in an audio message made public by the Supreme Court.

"We were only awaiting orders from the president, but he backed down," Soares added.

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

He underscored Bolsonaro's role in instigating a January 8 assault on buildings housing Brazil's congress and other democratic institutions, when rioting supporters demanded a military takeover to oust Lula.

Moraes ruled that the sentence of 27 years and three months was based on Bolsonaro's high culpability as president and the severity and impact of the crimes.

The judge said Bolsonaro's age had already been considered as a mitigating factor.

Three other judges on the panel also rejected the appeal.

Also on Friday, a majority of judges on the same panel voted to move forward with a criminal case against Bolsonaro's son, the federal lawmaker Eduardo Bolsonaro, for the crime of "coercion".

Eduardo Bolsonaro, who currently lives in the United States, was charged by Brazil's chief prosecutor in September for lobbying for US sanctions in a bid to sway the outcome of the coup trial against his father.

E.Burkhard--VB