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Lawyers for Brazil's former President Jair Bolsonaro appeal his 27-year prison sentence

Brazil's former President Jair Bolsonaro stands at the entrance of his home where he is under house arrest in Brasilia, 2 September, 2025
Brazil's former President Jair Bolsonaro stands at the entrance of his home where he is under house arrest in Brasilia, 2 September, 2025 Copyright  AP Photo
Copyright AP Photo
By Gavin Blackburn
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Bolsonaro was convicted of attempting a coup after losing the 2022 presidential race to Luiz Inácio Lula da Silva in a plot that prosecutors alleged included plans to kill Lula.

Lawyers for Brazil's former President Jair Bolsonaro have filed an appeal to reduce his pirson sentence for attempting a coup after his 2022 electoral defeat.

Judges convicted Bolsonaro of trying to overthrow democracy in September and sentenced him to 27 years and three months in jail. He has been under house arrest since August.

In an 85-page document sent to the Supreme Court on Monday and shared with the Associated Press on Tuesday, lawyers said that the conviction and sentence entailed "profound injustices."

Lawyers argued there were "ambiguities, omissions, contradictions and obscurities" in the court's decision. Bolsonaro has denied any wrongdoing.

He was convicted of attempting a coup after losing the 2022 race to President Luiz Inácio Lula da Silva in a plot that prosecutors alleged included plans to kill Lula.

He was found guilty on other charges including participating in an armed criminal organisation and attempted violent abolition of the democratic rule of law.

Brazil's former President Jair Bolsonaro departs a hospital where he received medical treatment in Brasilia, 17 September, 2025
Brazil's former President Jair Bolsonaro departs a hospital where he received medical treatment in Brasilia, 17 September, 2025 AP Photo

In their appeal, lawyers argued Bolsonaro should not be convicted of both organising a coup and attempting to violently abolish democracy, on the grounds that the two charges overlap and therefore cumulative penalties are unjust.

They also cited Justice Luiz Fux, who was the only dissenting voice on the five justice panel that convicted Bolsonaro and argued that even if Bolsonaro had attempted a coup, he "deliberately interrupted the course of events" and did not go through with it.

Lawyers filed motions of clarification, which seek to correct a flaw in the reasoning of a decision rather than change it.

João Pedro Padua, a law professor at the Fluminense Federal University, said that this kind of appeal is very unlikely to reduce Bolsonaro's sentence.

To file an appeal that could substantially modify the decision, the Supreme Court usually requires at least two dissenting votes.

There is no limit on how many motions for clarification can be filed, but the Supreme Court may deem successive filings an attempt to delay the final judgment.

Such a strategy is "risky" for Bolsonaro's lawyers, as they "could give the Supreme Court an excuse to declare the judgement final right away," Padua said.

Seven other close aides were convicted alongside Bolsonaro and all of them apart from Mauro Cid, who signed a plea deal, have filed appeals, the Supreme Court said in a statement on Tuesday.

Brazil's President Luiz Inácio Lula da Silva reacts during a meeting with President Donald Trump on the sidelines of the ASEAN Summit in Kuala Lumpur, 26 October, 2025
Brazil's President Luiz Inácio Lula da Silva reacts during a meeting with President Donald Trump on the sidelines of the ASEAN Summit in Kuala Lumpur, 26 October, 2025 AP Photo

Justices will decide on the appeals between 7-14 November, the court added.

Bolsonaro will only start serving time once appeals are exhausted.

The trial made global headlines and US President Donald Trump, a close ally of Bolsonaro, ordered a 50% tariff on Brazilian imports, citing in part Bolsonaro's case which he called a "witch hunt."

That triggered a sharp deterioration in US-Brazil relations, which experts described as the lowest point in their more than 200-year history.

Relations have since improved slightly with Trump and incumbent president Lula speaking on the phone and meeting last weekend at the ASEAN summit in Malaysia.

Additional sources • AP

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