To answer the question: yes. In fact, former Brazilian President Jair Bolsonaro is already under house arrest, having violated precautionary measures imposed by Supreme Court Justice Alexandre de Moraes in the case investigating an attempted coup in the country. The former president breached a ban on using social media, one of several restrictions tied to the investigation.
According to legal expert Ney Strozake, Bolsonaro could also face pre-trial detention if there is a risk of fleeing. “If he flees or takes steps that clearly indicate he’s planning to flee, the Attorney General’s Office could request pre-trial detention, and Justice Moraes could approve it,” he told BdF. “This was the case with Carla Zambelli. She fled the country and publicly confirmed it, which led to her pre-trial arrest. The same could happen with Bolsonaro.”
However, pre-trial detention is considered an exceptional measure, meant to protect the integrity of the legal process, and is unlikely to be issued just before a final ruling. A definitive prison sentence can only be enforced once Brazil’s Supreme Court (STF) hands down a final ruling and all appeals have been exhausted, a process known as trânsito em julgado.
What comes next: appeals and legal steps
If at least two of the five STF justices disagree on the core of the case — that is, whether to convict or absolve the defendants — their legal teams may file embargos infringentes, a type of appeal that allows the case to be reviewed by the full Supreme Court. These appeals must be filed within ten days, but the court has no deadline to respond.
If there is only one dissenting vote or an unanimous decision, the defense can only file embargos de declaração, that are appeals that do not alter the outcome but can seek clarification or request leniency in how the sentence is carried out. For example, they might ask for an immediate shift to house arrest due to health concerns. These appeals must be filed within five days, and the court has five additional days to respond.
According to a 2019 STF ruling, no one can be jailed to serve a sentence before a final ruling has been written and all appeals have been exhausted. This means Bolsonaro would only be incarcerated after that process.
The case and charges
Bolsonaro and seven other high-ranking former military officials are accused by Brazil’s Attorney General’s Office (PGR) of orchestrating a coup attempt after the 2022 elections. The PGR describes them as the “core group” behind the plot.
They face charges of armed criminal conspiracy, attempted abolition of the democratic rule of law, attempted coup d’état, violent destruction of public property, and damage to protected national heritage sites. If convicted on all counts with maximum penalties and aggravating factors, Bolsonaro could face up to 43 years in prison.
The others on trial this week are all close allies during Bolsonaro’s administration:
- Alexandre Ramagem – former head of Brazil’s Intelligence Agency (Abin), now a federal congressman
- Almir Garnier Santos – former Navy commander
- Anderson Torres – former Justice Minister
- Augusto Heleno – Army general and former chief of institutional security
- Mauro Cid – Bolsonaro’s former aide-de-camp
- Paulo Sérgio Nogueira – former Defense Minister
- Walter Braga Netto – Army general and former minister of both Defense and the Chief of Staff
Among the group, Ramagem faces only three charges, not five, because he was already an elected congressman at the time of the January 8, 2023 riots and thus enjoyed parliamentary immunity. As a result, the charges of property damage and destruction of heritage sites were dropped.
Of the eight defendants, only Mauro Cid has confessed; the rest continue to claim innocence.
