The First Panel of the Federal Supreme Court concluded on Monday, November 17, 2025, the trial of former president Jair Bolsonaro’s appeals and maintained the sentence of 27 years and three months in prison for attempted coup d’état. The panel unanimously rejected the motion for clarification presented by the defense, which sought clarification on the ruling published in October.
Bolsonaro, who has been under preventive house arrest since August by order of minister Alexandre de Moraes, now faces the final decision. Criminal law experts indicate that the defense’s next step involves requests for alternative benefits to closed prison.
The conviction covers crimes such as armed criminal organization, violent abolition of the Democratic Rule of Law and qualified damage to the Union’s property, related to post-2022 election actions.
- Main crimes charged: attempted coup, criminal organization and deterioration of public assets.
- Initially proposed sentence: 27 years and three months, in an initial closed regime.
- Current situation: house arrest with electronic ankle bracelet.
D detailsjudicial decision
The rapporteur of the case, minister Alexandre de Moraes, defended the maintenance of the dosimetry of the sentences, considering Bolsonaro’s leadership role in the facts investigated. Ministers Flávio Dino, Cármen Lúcia and Cristiano Zanin followed the vote, while Luiz Fux, the only one to disagree in the initial phase, did not participate in this stage.
The ruling was published on October 22nd, opening a five-day period for embargoes, which were analyzed in a virtual plenary session until November 14th. Jurists point out that these appeals rarely change the merits, serving more to point out formal omissions.
Arguments for humanitarian benefit
Defense preparation for next steps
Bolsonaro’s defense is preparing a petition to request humanitarian house arrest, based on the former president’s advanced age, over 70 years old, and reported health conditions, such as persistent gastrointestinal problems. This regime is provided for in the Code of Criminal Procedure for exceptional cases, even in cases of closed regime convictions.
Consulted jurists point to precedents such as that of former president Fernando Collor, who was granted domicile for similar reasons in a sentence of eight years and ten months. However, the grant depends on an official medical evaluation and a monocratic or collegial decision by the STF.
The request must be filed after the arrest warrant is issued, scheduled for the next few weeks, depending on the progress of the process. Lawyers emphasize that jurisprudence has expanded humanitarian interpretations,but initial serving in a special prison for Armed Forces officers remains the standard option.
Context of the crimes judged
The criminal action refers to the central core of the coup plot, involving eight defendants convicted in September 2025. Bolsonaro was appointed as the mentor of the actions that aimed to subvert the 2022 electoral result, including discussions about the abolition of the Democratic Rule of Law.
The events occurred between November 2022 and January 2023, with meetings in which military intervention and attacks on institutions were planned. The total penalty reflects aggravating factors such as the high degree of harm and the use of public resources, according to the dosimetry analysis carried out by the STF. The Attorney General’s Office had requested up to 43 years, but the collegiate set 27 years and three months after debates on proportionality.
Others involved, such as military allies, received sentences ranging from 15 to 25 years, all in an initial closed regime. The trial highlighted the seriousness of the acts against democracy, based on evidence such as messages and minutes of meetings.
Future procedural perspectives
Age and health as decisive factors
Bolsonaro turned 70 in March 2025, which activates provisions of article 318 of the Code of Criminal Procedure for alternative regimes for elderly convicts. Medical reports include chronic hiccups and constipation, diagnosed in recent hospitalizations, such as the one in September 2025 in a Brasília hospital.
These elements strengthen the humanitarian argument, according to experts, who cite STF decisions in similar cases since 2018. The evaluation will be carried out by judicial experts, with a possible hearing of medical witnesses.
Initial defense reactions
The legal team issued an official statement after the trial, classifying the sentence as disproportionate and announcing additional resources, including international remedies. The immediate focus, however, is on the home request to avoid transfer to a prison unit.
Consultations with lawyers indicate that infringing or nullity embargoes have a reduced chance of success, given the unanimity in the Panel. The process advances to the enforcement phase, with the issuance of warrants scheduled for November.
Implications for the compliance regime
The Code of Criminal Procedure guarantees special imprisonment for Armed Forces officers, like Bolsonaro, in military installations instead of regular prisons. However, humanitarian home care would replace this, with electronic monitoring and exit restrictions.
STF precedents, such as in 2023 for elderly defendants in Lava Jato actions, reinforce viability, as long as incompatibility with a closed regime is proven. The final decision can come from a class or plenary session, depending on the complexity.
