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Susan Stokes

How the conviction of Brazil’s former president echoes in the U.S.

Protesters with a giant inflated representation of Jair Bolsonaro in prison garb
Brazilians celebrate the 27-year sentence for their criminal former president, Jair Bolsonaro.
(Ton Molina / Getty Images)
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Brazil’s Supreme Court on Thursday found former President Jair Bolsonaro guilty of conspiracies related to his failed 2022 reelection bid. The court found that Bolsonaro tried to instigate a military coup and to poison his opponent, current President Luiz Inácio Lula da Silva. Bolsonaro, the former president of Latin America’s largest democracy and its wealthiest country, was sentenced to more than 27 years in prison and is barred from ever seeking public office again.

Bolsonaro is one among two dozen elected presidents and prime ministers in recent history around the world who used their time in office to undermine their countries’ democratic institutions. In addition to undermining confidence in elections, the Brazilian leader weakened public and scientific institutions by defunding them. Bolsonaro’s family and political associates faced repeated scandals. As a consequence, the president governed in constant fear of impeachment — a fate that had ended the careers of two prior Brazilian presidents since the country’s return to democracy in 1998. To avoid this outcome, Bolsonaro forged alliances with an array of legislative parties and strange bedfellows. Brazilian political scientists describe the implicit agreement: “The deal is simple: you protect me and I let you run the Country and extract rents from it as you wish.”

Curiously, the decision is also a setback for President Trump here in the United States. Trump views Bolsonaro as an ally who, like him, has been persecuted by leftists and subjected to retribution by courts. The American president tried hard to stop the Brazilian court from ruling against Bolsonaro. In August, Trump sent a letter to Lula, Bolsonaro’s nemesis. Trump threatened to hike most tariffs on Brazilian exports to the U.S. to 50% should his friend remain in legal peril.

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Trump’s empathy reflects the two presidents’ parallel paths. Bolsonaro, like Trump, used his time in office to test democratic norms, weaken independent public institutions and vilify his opponents. Both men express a taste for political violence. Where Trump has often mused about beating up hecklers and shooting protesters in the knees, Bolsonaro was nostalgic for military rule in his country. On the campaign trail in 2018, he asserted that Brazil would only change for the better “on the day that we break out in civil war here and do the job that the military regime didn’t do: killing 30,000.”

Both Trump and Bolsonaro tried to cling to power after losing their reelection bids. Heeding their presidents’ claims of electoral fraud, Trump’s supporters rioted in Washington on Jan. 6, 2021, as did Bolsonaro’s in Brasilia, the Brazilian capital, on Jan. 8, 2023. Bolsonaro’s involvement in these post-election acts was the basis of the legal peril that has consumed him.

Trump depicts the Brazilian judge most responsible for Bolsonaro’s prosecution, Chief Justice Alexandre de Moraes, with disdain. Trump describes the case against Bolsonaro as a “witch hunt” in support of a Lula government, describing the current president as a “radical leftist.”

In fact there is little love lost between Lula and De Moraes. Lula is the leader of the social-democratic Workers’ Party; De Moraes is closely associated with the center-right PSDB and is known for his tough-on-crime stances. De Moraes’ activism dates back to the Bolsonaro presidency, when Brazil’s attorney general, appointed by Bolsonaro, was less than energetic in upholding the rule of law. To transpose the Brazilian situation and De Moraes’ activism to the U.S. context, imagine that, viewing the Justice Department’s lack of vigor in prosecuting Trump, Chief Justice John G. Roberts Jr. had roused himself to encourage legal action against the president.

Many Americans will view Brazil and the Bolsonaro story with a certain envy. Here is a president who dealt with electoral loss by claiming fraud and by instigating his military and civilian supporters to violence, and who has been held decisively to account.

Accountability of public servants is at the heart of democracy. Voters can hold incumbents accountable in elections — political scientists call this “vertical accountability” — as can coequal branches of government, which we call “horizontal accountability.” Would-be autocratic leaders such as Bolsonaro try to escape both kinds of accountability, staying in office even when they lose (the end of vertical accountability) and undermining independent courts, agencies, central banks and whistle-blowers (there goes the horizontal version). In the end, Bolsonaro was held to account both by voters and by the courts.

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Trump’s self-insertion into the Bolsonaro prosecution calls attention to another form of accountability, or at least presidential constraint, which has gone missing from our own governing administration. That is the constraint that presidents experience when advisors keep them from acting on instincts that are unwise.

If such advisors were to be found in today’s White House, they might have counseled the president not to threaten Brazil with high tariffs. Doing so risks exacerbating inflation of the prices of key consumer goods (coffee, orange juice), something that is politically dangerous because controlling inflation was an issue at the heart of Trump’s 2024 reelection campaign. The use of tariff threats as a cudgel to try to save an ally from legal peril also gives lie to the purported rationale behind tariffs: protecting U.S. manufacturers or correcting trade imbalances.

Gone, then, are the days when Americans might have served as a model of democratic governance. For all of its own problems, of which there are many, the second-largest country in our hemisphere is schooling us in what democratic accountability looks like.

Susan Stokes is a professor of political science at the University of Chicago and faculty director of the Chicago Center on Democracy. She is the author, most recently, of “The Backsliders: Why Leaders Undermine Their Own Democracies.”

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Ideas expressed in the piece

The conviction of Jair Bolsonaro represents a significant moment of democratic accountability, with Brazilian courts demonstrating remarkable independence despite intense domestic and international pressure. The Brazilian Supreme Court’s unanimous decision to accept charges against Bolsonaro and the subsequent conviction for attempting a coup, forming a criminal organization, and plotting to violently abolish democratic rule validates concerns about the former president’s authoritarian tendencies[1]. The evidence presented during the trial was comprehensive, including testimony from Lieutenant Colonel Mauro Cid, Bolsonaro’s former personal secretary, who confirmed that Bolsonaro had received and edited a draft decree calling for arrests of Supreme Court judges and had knowledge of assassination plots against President Lula and Justice Alexandre de Moraes[1].

Trump’s intervention on Bolsonaro’s behalf through the imposition of 50% tariffs on Brazilian imports and diplomatic pressure represents an unprecedented attempt by an American president to interfere in another country’s judicial process[1]. The tariffs, which economist Paul Krugman mockingly called “Trump’s Dictator Protection Program,” came despite the U.S. having a trade surplus with Brazil, exposing the purely political motivation behind the economic pressure[1]. Additionally, the Trump administration revoked visas for seven Brazilian Supreme Court justices and applied Magnitsky Act sanctions against Justice Moraes, further demonstrating the lengths to which the administration went to protect Bolsonaro[1].

The parallels between Trump and Bolsonaro’s approaches to democracy are striking, particularly in their responses to electoral defeat. Both leaders promoted false claims of electoral fraud, encouraged their supporters to violently storm government buildings, and attempted to cling to power after losing elections[1]. The January 8, 2023 attacks on Brazilian government buildings in Brasília directly echoed the January 6, 2021 Capitol riots in Washington, showing how Bolsonaro “diligently followed the Trump playbook” of poisoning trust in democratic institutions[1].

Brazil’s handling of the Bolsonaro case demonstrates the strength and independence of its democratic institutions, particularly the judiciary. The trial proceedings were transparent, with live broadcasts allowing millions of Brazilians to watch, and the court withstood both domestic political pressure and international interference from the Trump administration[1]. The fact that Justice Luiz Fux, appointed by a leftist former president, voted to acquit Bolsonaro shows the genuine independence of Brazilian judges, while other justices who had previously ruled against Lula ultimately convicted Bolsonaro based on the evidence[1].

Different views on the topic

Bolsonaro’s defense and supporters have consistently argued that the charges constitute political persecution rather than legitimate legal proceedings. The defense maintained that “planning a coup is not the execution of a coup” and alleged that Justice Moraes, who led the proceedings, was biased against their client[1]. Bolsonaro himself has consistently denied all allegations and dismissed the charges as a fabricated “telenovela,” claiming that investigators were engaged in political persecution[1].

Critics have raised concerns about the Brazilian Supreme Court’s broad judicial powers and potential overreach. Eduardo Bolsonaro and his allies have characterized Brazil as being under a “judicial dictatorship” rather than a functioning democracy, arguing that the court has exceeded its constitutional authority[1]. These critics point to the Brazilian Supreme Court’s broader powers compared to its U.S. counterpart, including the ability for individual judges to call for investigations and issue rulings on urgent matters during proceedings[1].

The dissenting opinion from Justice Luiz Fux provides substantial grounds for challenging the conviction. Fux delivered a stunning 13-hour dissenting judgment voting to acquit Bolsonaro and the other defendants on all charges, providing Bolsonaro’s defense with strong grounds for appeal[1]. This dissent highlights genuine legal questions about the sufficiency of evidence and the interpretation of conspiracy laws in the Brazilian context.

Supporters argue that the prosecution represents selective justice and political weaponization of the courts. Even some of Bolsonaro’s closest allies publicly criticized the international lobbying efforts, suggesting internal disagreement about the appropriateness of the legal proceedings[1]. The fact that Brazil has never prosecuted military officials from its previous dictatorship under the 1979 Amnesty Law raises questions about why civilian political figures are now being held to different standards for alleged coup plotting[1].

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