Bolsonaro Asks Brazil’s Supreme Court to Suspend His 27-Year Coup Sentence

POLITICS · BRAZIL

Jair Bolsonaro’s lawyers have asked Brazil’s Supreme Federal Court (STF), the highest court, to suspend his coup sentence. The filing, lodged on 25 September, was reported on Thursday 1 October. They also want the conviction annulled and the case retried.

The request comes in a new criminal review, a rare appeal against a final conviction. It lands three days before Brazilians vote in a presidential race in which his son Flávio is running.

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What the defence is asking for

The filing asks for an immediate injunction halting the sentence while the review is pending. It then asks the court to annul the conviction, exclude evidence it calls illicit and restart proceedings, according to Migalhas.

Congresso em Foco reported that the petition was addressed to the court’s president, Edson Fachin. It was assigned to Nunes Marques because he already handles the first review, opened in May 2026.

The underlying sentence is 27 years and three months. The STF’s First Panel, a five-justice chamber, handed it down in September 2025 for leading an attempted coup after the 2022 election.

The charges included violent abolition of the democratic rule of law, coup d’état and armed criminal organisation. Bolsonaro now serves the sentence under house arrest on humanitarian grounds, Agência Brasil reported.

The three arguments

First, the lawyers cite a technical report on the digital evidence. They argue that the chain of custody for data taken from phones, including that of former aide Mauro Cid, was compromised.

Second, they say the defence had too little time to prepare. Data that grew to about 70 terabytes reached them just before and during hearings that began in May 2025, according to Congresso em Foco.

Third, they challenge how the investigation began. They argue some measures were ordered by the court on its own initiative, and that inquiries continued after prosecutors had recommended closing them.

The filing also turns the words of Justice Alexandre de Moraes against the conviction. In the separate Banco Master case, Moraes said judges had no viable time to analyse the material. The defence says the same applies here.

A second attempt in a week

This is not the defence’s first try. On 24 September it asked Nunes Marques to suspend the sentence within the first review. It withdrew the request the same day, without explanation.

Agência Brasil reported that the new petition also cites a 15 September STF plenary session. There, several justices said full access to phone data extracted by the Federal Police was essential.

How likely is a reversal

A criminal review is reserved for narrow cases, such as new evidence or a ruling plainly contrary to law. Overturning a final STF panel verdict through this route would be highly unusual.

Nunes Marques was appointed by Bolsonaro in 2020 and now also presides over the electoral court. Bolsonaro himself is barred from office and is not on Sunday’s ballot. His image still features in campaigns, as covered in Brazil Election Court Lets Candidates Use Convicted Bolsonaro’s Photo.

What Is Not Yet Known

There is no timetable for a decision on the injunction. It is also unclear whether Nunes Marques will rule alone or refer the request to the plenary.

The technical report’s authors and full findings have not been made public. The Prosecutor-General’s Office had not responded publicly by Thursday afternoon.

Sources: Agência Brasil, 1 October 2026; Congresso em Foco, 1 October 2026; Migalhas, 1 October 2026; Correio da Manhã, 24 September 2026.