Brazil’s Supreme Court Justice Luiz Fux cast a surprise vote on Wednesday to acquit former President Jair Bolsonaro of charges linked to an alleged coup attempt, challenging the court’s jurisdiction and boosting the chances of an appeal. His stance broke with fellow justices and could prolong proceedings that may influence Brazil’s 2026 presidential race.
The five-judge panel has so far seen two votes in favor of convicting Bolsonaro for plotting to remain in power after losing the 2022 election to President Luiz Inácio Lula da Silva. The remaining justices were appointed by Lula, making conviction likely. Still, Fux’s dissent supports the defense’s argument that the case should be decided by the full 11-member bench, which includes two Bolsonaro appointees.
Bolsonaro faces accusations of leading an armed criminal organization, attempting to abolish democracy, organizing a coup, and inciting the January 2023 riots in Brasília, where thousands of his supporters stormed government buildings. Prosecutors tie the charges to his alleged encouragement of the violent attacks.
His lawyers maintain his innocence, claiming procedural errors and lack of access to evidence. Defense attorney Celso Vilardi argued the team had insufficient time to review materials. Fux echoed this, citing a “tsunami of data” amounting to 70 terabytes of documents, with full access granted only in April 2025. He also said Bolsonaro should have been tried in lower courts after leaving office, not by the Supreme Court panel.
Fux’s position not only questioned procedural issues but also the existence of the alleged crimes, shocking legal observers. His vote introduces uncertainty and may extend appeals closer to the next election, even though Bolsonaro is currently barred from running due to a separate ruling on false claims about Brazil’s voting system.