Brazil’s STF: Fux acquits Bolsonaro but convicts Braga Neto
Thursday, September 11th 2025 – 10:25 UTC
Fux’s vote sealed the fate of General Braga Neto
Following a speech that far exceeded that of case rapporteur Alexandre De Moraes in duration, Brazil’s Supreme Federal Court (STF) Justice Luiz Fux voted Wednesday to acquit former President Jair Bolsonaro and other defendants in the coup d’état trial for the Jan. 8, 2023, riots in Brasilia. However, Fux did convict General Walter Braga Netto and Lt. Col. Mauro Cid for the crime of attempting to violently abolish the democratic rule of law.
After Fux’s 13-hour decision, the score against Bolsonaro stands 2-1, following previous thumbs down from De Moraes and Flávio Dino. Justices Cristiano Zanin and Cármen Lúcia are to vote in Thursday’s session, starting at 2 pm.
Fux rejected in its entirety the accusation by the Attorney General’s Office (PGR) against former President Jair Bolsonaro. The PGR requested the conviction of the former president for the crimes of armed criminal organization, attempted violent abolition of the Democratic Rule of Law, coup d’état, damage qualified by violence and serious threat, and deterioration of listed heritage. The sentence could be up to 30 years in prison.
In Fux’s opinion, Bolsonaro only considered exceptional measures, and nothing happened. In his view, consideration is not sufficient to punish the former president.
Regarding the accusations of responsibility for the coup, Fux classified as conjecture by the Attorney General’s Office the alleged connection between Bolsonaro and the coup plotters who vandalized the Supreme Court, the National Congress, and the Planalto Palace.
These elements can never support the inference that Jair Bolsonaro had any kind of connection with the vandals who destroyed the headquarters of the Three Powers on January 8, 2023, he said.
Although he was also a whistleblower, Fux understood that Cid did not act solely as Bolsonaro’s assistant and exchanged messages with military officers about measures to monitor De Moraes.
In addition, he participated in a meeting at General Braga Netto’s home in 2022, where, according to the Attorney General’s Office (PGR), money was allegedly transferred to finance the coup plot.
All those who wanted to convince the then president of the Republic of the need to take concrete action to abolish the democratic rule of law made requests and referrals through the collaborator, said Fux.
In addition to being a defendant in the criminal case, Cid is also a whistleblower and should have his sentence reduced. According to Fux’s vote, the military officer should not be convicted of armed criminal organization, coup d’état, damage qualified by violence and serious threat, and deterioration of listed heritage.
Fux also voted to convict General Braga Netto for the crime of attempting to violently abolish the democratic rule of law. With Fux’s vote, there is a majority of three votes in favor of convicting the general. A retired general and Bolsonaro’s running mate in 2022, Braga Neto has been in prison since December last year on charges of obstructing the investigation into the coup attempt to prevent the inauguration of President Luiz Inácio Lula da Silva.
Fux also acquitted former Navy Chief Almir Garnier. According to the complaint, the admiral participated in a meeting in which the former president presented drafts with studies for the enactment of emergency measures. The idea was reportedly rejected by the Air Force and Army commanders. In Fux’s opinion, the military officer did not perform any executive acts, and mere presence at meetings is not sufficient grounds for conviction.
The conduct described in the complaint and attributed to the defendant Almir Garnier is far from that of a member of a criminal association, he said.
Fux also ruled in favor of the acquittal of General Augusto Heleno, former minister of the Institutional Security Office (GSI) of the Jair Bolsonaro administration. In his vote, Fux said that it is not possible to punish private drafts. During a search and seizure authorized by the STF, the Federal Police seized Heleno’s diary with notes against the electoral system and quotes about the intelligence service Abin’s actions.
Former Defense Minister Paulo Sergio Nogueira was also acquitted by Fux, who found no evidence that the former minister participated in a criminal organization.
Former Justice Minister Anderson Torres was also added to Fux’s list of acquittals because Torres had no close ties to the military, and there is no evidence that he participated in the coup attempt.
The last defendant whose conviction was reviewed by Fux was also acquitted. In the judge’s opinion, Alexandre Ramagem, former director of the Brazilian Intelligence Agency (Abin), should not be convicted of the crimes of coup d’état, armed criminal organization, and attempted abolition of the democratic rule of law. Ramagem is currently a federal deputy. Because of his position, he benefited from the suspension of part of the charges and is only responding to three of the five crimes charged by the PGR.
The suspension applies to crimes of damage qualified by violence and serious threat against federal property, with considerable harm to the victim and deterioration of listed property, related to the coup acts of January 8. (Source: Agencia Brasil)
