Brazil’s former president Jair Bolsonaro will go on trial Monday before the country’s Supreme Court, in a landmark legal case where he stands accused of orchestrating a coup attempt to remain in power after losing the 2022 election.

Bolsonaro, 70, faces charges of leading a criminal organization that sought to overturn the election results and install a state of emergency. Prosecutors allege he conspired with close allies and senior military officials to force new elections, while being aware of a plan to assassinate President Luiz Inacio Lula da Silva, Vice President Geraldo Alckmin, and Supreme Court Justice Alexandre de Moraes.

If convicted, Bolsonaro could face up to 40 years in prison. He is already barred from holding public office until 2030 due to earlier rulings over his false claims about Brazil’s electronic voting system.

The charges are tied to the events that followed Bolsonaro’s narrow loss in the 2022 election to Lula. The case includes the January 8, 2023, riots in Brasília, during which Bolsonaro supporters stormed Brazil’s Congress, Supreme Court, and presidential offices, demanding military intervention just one week after Lula assumed office.

Bolsonaro was in the United States at the time, but investigators suspect he had knowledge of or participated in the planning. Prosecutors described the riots as the conspirators’ “last hope” to overturn the democratic transition.

Legal proceedings begin before the court

According to a 900-page federal police report, the broader plan included drafting a decree to nullify the 2022 election results and incite military support for a takeover, an effort that failed due to a lack of support from the armed forces.

The proceedings are being led by Justice Alexandre de Moraes, who has frequently clashed with Bolsonaro and is considered a central figure in the investigation. De Moraes is one of five justices who will eventually rule on the case.

More than 80 witnesses are expected to testify in a preliminary phase scheduled to last at least two weeks. Among them are high-ranking military officials, former ministers, and ex-security aides from Bolsonaro’s 2019–2022 administration.

Testimony is expected from Generals Marco Antonio Freire Gomes and Carlos de Almeida Baptista Junior, who led the army and air force under Bolsonaro. Both officers reportedly attended meetings where Bolsonaro “raised the hypothetical possibility of using legal instruments” to reverse the election outcome.

However, according to their earlier statements to federal police, both generals rejected the plan. Freire Gomes is said to have warned Bolsonaro he would be arrested if he moved forward.

Bolsonaro is being tried alongside seven close allies, including four former ministers, the ex-head of Brazil’s navy, and the former intelligence chief.

The former president has repeatedly denied the accusations. In a recent interview with UOL, he stated, “It’s a political persecution. They’ve invented a telenovela scenario.”

He has claimed that a conviction would amount to a “death penalty, political and physical,” citing his fragile health following recent abdominal surgery tied to the stabbing attack he survived in 2018.

Despite being banned from public office, Bolsonaro has continued to declare his intention to run in future elections. “This is not over,” he said earlier this year, referring to his political career.