An investigative judge found Bolsonaro guilty of abuse of power and voted to disqualify him for eight years.

The investigative judge in the trial against Jair Bolsonaro found the former Brazilian president guilty of abuse of power in the 2022 elections and voted to disqualify him for eight years, in the second trial hearing held this Tuesday at the Superior Electoral Court (TSE).

Magistrate Benedict Gonçalves considers it proven that Bolsonaro used his then position as head of state “to degrade the electoral environment”, “stimulate a state of collective paranoia” and invented “conspiracy theories” “false information” and “heinous lies”.

“One cannot close one’s eyes to undemocratic effects violent speeches and lies that threaten the credibility of electoral justice“, the investigating judge confirmed in a summary reading of his vote, on a total of 382 pages.

With the first vote to disqualify Bolsonaro, the trial, which stems from a complaint by the Democratic Labor Party, was adjourned and will continue on Thursday with the analysis of the other six judges who make up the electoral court and who will define the future leader of the far-right politician.

The central point of the case is the meeting to which Bolsonaro invited fifty foreign ambassadors at the official residence of the Presidency, on July 18, 2022, in order to seriously disqualify the electoral system and accuse the judiciary of maneuvering in favor of current President Luiz Inácio Lula da Silva.

That meeting, which Gonçalves described as “abnormal” and in which the then-president expressed unfounded doubts about the electronic ballot boxes that Brazil has used without complaints of fraud since 1996, was broadcast on public television and on the social networks of the army reserve captain.

However, Gonçalves decided to acquit Bolsonaro’s opponent, General Walter Braga Netto, because “his responsibility has not been proven” in the case.

Bolsonaro, “fully responsible”

In this context, he singled out Bolsonaro (68) as “fully responsible” for the act with the ambassadors, based on the testimonies collected in the investigation, including several of his closest ministers. In his opinion, Bolsonaro “dangerously flirted with a coup d’état” based on “completely distorted” arguments and tried to “convince” diplomatic representatives that “his story deserves more trust than the official information of the TSE”.

“He tried to convince the international community that the elections were marked by systematic fraud and corrupt practices by the TSE, exposing the false image of Brazilian democracy,” he said.

Likewise, he interpreted it as «worrying neglect» the view of the now former president on the role of the Armed Forces, which he unsuccessfully tried to turn into active actors in the counting of votes.

The judge rejected defense arguments by the far-right leader who wanted to reduce the scope of the charge, which claims that Bolsonaro’s campaign against the electoral system was the start of the movement that led to the violent attack on the three Nations that took place last January 8.

In this context, Gonçalves defended the inclusion in the process of the draft presidential decree found last January in the residence of former justice minister Anderson Torres to annul Lula’s victory and keep Bolsonaro in power through “military intervention”.

“The events cannot be separated from the context in which they occurred,” said the judge, who also rejected Bolsonaro’s attacks on the voting system as falling under the right to freedom of expression.

While the trial was going on, Bolsonaro, who pleaded not guilty, vented on his Telegram channel about his rule (2019-2022) in the face of “malicious narratives”.

The trial began on Thursday last week with the reading of the case report and oral presentations by the prosecution, Bolsonaro’s defense and the public ministry, which also sought the conviction of the former head of state and the deprivation of political rights.

If found guilty, Bolsonaro you can lose your political rights for the next eight yearswith which he could not run in the next presidential elections, in 2026.