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Americas|Brazil Moves to Bar Bolsonaro From Office for Election-Fraud Claims

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BRAZIL MOVES TO BAR BOLSONARO FROM OFFICE FOR ELECTION-FRAUD CLAIMS

A majority of Brazil’s electoral court voted to block former President Jair
Bolsonaro from office until 2030 for spreading false claims about voting.

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The former president Jair Bolsonaro has been blocked from seeking public office
for the next eight years. Credit...Haiyun Jiang/The New York Times


By Jack Nicas

Jack Nicas, The Times’s correspondent in Brazil, has covered Jair Bolsonaro’s
attacks against Brazil’s election systems since 2021.

June 30, 2023Updated 12:14 p.m. ET

A majority of judges on Brazil’s electoral court have voted to block former
President Jair Bolsonaro from seeking public office for the next eight years,
removing a top contender from the next presidential contest and dealing a
significant blow to the country’s far-right movement.

The judges ruled that Mr. Bolsonaro had violated Brazil’s election laws when,
less than three months before last year’s vote, he summoned diplomats to the
presidential palace and made baseless claims that the nation’s voting systems
were likely to be rigged.

By late Friday morning, four of the court’s seven judges had voted that Mr.
Bolsonaro had abused his power as president when he convened the meeting with
diplomats. One other judge voted that Mr. Bolsonaro had not abused his power,
while two other judges were yet to vote. The ruling was expected to be made
final later on Friday.

The decision would be a sharp and swift rebuke of Mr. Bolsonaro and his effort
to undermine Brazil’s elections. Just six months ago, Mr. Bolsonaro was
president of one of the world’s largest democracies. Now his career as a
politician is in jeopardy.



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Mr. Bolsonaro, 68, will next be able to run for president in 2030, when he is
75.

Mr. Bolsonaro is expected to appeal the ruling to Brazil’s Supreme Court, though
that body acted aggressively to rein in his power during his presidency. He has
harshly attacked the court and many of its justices for years, calling some of
them “terrorists” and accusing them of trying to sway the vote against him.


Image

Judge Alexandre de Moraes, center, a member of Brazil’s Supreme Court, used the
court to curb Mr. Bolsonaro’s power during his administration.Credit...Dado
Galdieri for The New York Times


Mr. Bolsonaro’s lawyers argued to the electoral court that his speech to
diplomats was an “act of government” aimed at raising legitimate concerns about
election security.

“Meeting with ambassadors: Is that a crime?” Mr. Bolsonaro told reporters
recently. “Foreign policy is the prerogative of the president.”

Even if an appeal is successful, Mr. Bolsonaro would face another 15 cases in
the electoral court, including accusations that he improperly used public funds
to influence the vote and that his campaign ran a coordinated misinformation
campaign. Any of those cases could also block him from seeking the presidency.



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He is also linked to several criminal investigations, involving whether he
provoked his supporters to raid Brazil’s halls of power on Jan. 8 and whether he
was involved in a scheme to falsify his vaccine records. (Mr. Bolsonaro has
declined the Covid-19 vaccine.) A conviction in any criminal case would also
render him ineligible for office.


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Given all the legal challenges, the consensus in Brazil’s political circles is
that Mr. Bolsonaro would not likely be able to run for president in 2026.

Even Mr. Bolsonaro seems prepared for that fate. “I’m not going to get
desperate,” he told the Brazilian newspaper Folha de São Paulo. “What can I do?”

Mr. Bolsonaro was a shock to Brazil’s politics when he was elected president in
2018. A former Army captain and fringe far-right congressman, he rode a populist
wave to the presidency on an anti-corruption campaign.



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His lone term was marked by controversy from the start, including a sharp rise
in deforestation in the Amazon rainforest, a hands-off approach to the pandemic
that left nearly 700,000 dead in Brazil and harsh attacks against the press, the
judiciary and the left.


Image

Mr. Bolsonaro in 2017, when he was a member of congress.Credit...Lalo de Almeida
for The New York Times


But it was his repeated broadsides against Brazil’s voting systems that alarmed
many Brazilians, as well as the international community, stoking worries that he
might try to hold on to power if he lost last October’s election.

Mr. Bolsonaro did lose by a slim margin and at first refused to concede. Under
pressure from allies and rivals, he eventually agreed to a transition to
President Luiz Inácio Lula da Silva.



Yet, after listening to Mr. Bolsonaro’s false claims for years, many Bolsonaro
supporters remained convinced that Mr. Lula, a leftist, stole the election. On
Jan. 8, a week after Mr. Lula took office, thousands of people stormed Brazil’s
Congress, Supreme Court and presidential offices, hoping to induce the military
to take over the government and restore Mr. Bolsonaro as president.

Since then, more evidence has emerged that at least some members of Mr.
Bolsonaro’s inner circle were entertaining ideas of a coup. Brazil’s federal
police found separate drafts of plans for Mr. Bolsonaro to hold on to power at
the home of Mr. Bolsonaro’s justice minister and on the phone of his former
assistant.



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Mr. Bolsonaro’s attacks on the voting system and the Jan. 8 riot in Brazil bore
a striking resemblance to former president Donald J. Trump’s denials that he
lost the 2020 election and the Jan. 6, 2021, storming of the U.S. Capitol.


Image

The aftermath of the riot at the Brazilian government complex in Brasília in
January.Credit...Victor Moriyama for The New York Times


Yet the result for the two former presidents has so far been different. While
Mr. Bolsonaro appeared set to be excluded from the next presidential race, Mr.
Trump remains the leading contender for the Republican presidential nomination.
Mr. Trump could also still run for president even if he is convicted of any of
the various criminal charges he faces.

The ruling against Mr. Bolsonaro would upend politics in Latin America’s largest
nation. For years, he has pulled Brazil’s conservative movement further to the
right with harsh rhetoric against rivals, skepticism of science, a love of guns
and an embrace of the culture wars.

He received 49.1 percent of the vote in the 2022 election, just 2.1 million
votes behind Mr. Lula, in the nation’s closest presidential contest since it
returned to democracy in 1985, following a military dictatorship.



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Yet conservative leaders in Brazil, with an eye toward Mr. Bolsonaro’s legal
challenges, have started to move on, touting Tarcísio Gomes de Freitas, the
right-wing governor of Brazil’s largest state, São Paulo, as the new
standard-bearer of the right and a 2026 challenger to Mr. Lula.

“He is a much more palatable candidate because he doesn’t have Bolsonaro’s
liabilities and because he is making a move to the center,” said Marta Arretche,
a political science professor at the University of São Paulo.


Image

Tarcísio Gomes de Freitas, the right-wing governor of São Paulo state, is
emerging as a new standard-bearer of the Brazilian right.Credit...Adriano
Machado/Reuters


The head of the electoral court is Alexandre de Moraes, a Supreme Court justice,
who has become one of Brazil’s most powerful men.

During Mr. Bolsonaro’s administration, he acted as perhaps the most effective
check on Mr. Bolsonaro’s power, leading investigations into Mr. Bolsonaro or his
allies, jailing some of his supporters for what he viewed as threats against
Brazil’s institutions and ordering tech companies to remove the accounts of many
other right-wing voices.



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Those tactics raised concerns that he was abusing his power, and Mr. Bolsonaro
and his supporters called Mr. Moraes an authoritarian. On the left, he was
praised as the savior of Brazil’s democracy.

Mr. Moraes was scheduled to vote last in Mr. Bolsonaro’s case. Any of the judges
could seek to delay an official result for weeks or months. Judges could also
change their votes, but were not expected to.

Mr. Bolsonaro’s case in front of the electoral court stemmed from a 47-minute
meeting on July 18 in which he called dozens of foreign diplomats to the
presidential residence to present what he promised was evidence of fraud in past
Brazilian elections.

Mr. Bolsonaro made unfounded claims that Brazil’s voting machines changed
ballots for him to other candidates in a previous election and that a 2018 hack
of the electoral court’s computer network showed the vote could be rigged. But
security experts have said the hackers could never gain access to the voting
machines or change votes.

The speech was broadcast on the Brazilian government’s television network and
its social media channels. Some tech companies later took the video down because
it spread election misinformation.



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Yet it was clear that the electoral court’s judges were taking into account the
threat Mr. Bolsonaro posed to Brazil’s democracy beyond that single meeting.
Benedito Gonçalves, the lead judge on the case, ruled months earlier that the
judges should consider the drafts of coup plans found at the home of Mr.
Bolsonaro’s justice minister.

As for Mr. Bolsonaro’s future plans if he is convicted? He told Folha de São
Paulo that during his three months in Florida this year, he was offered a job as
a “poster boy” for American businesses wanting to reach Brazilians.

“I went to a hamburger joint and it filled with people,” he said. “But I don’t
want to abandon my country.”

Letícia Casado and Lis Moriconi contributed reporting.



Jack Nicas is the Brazil bureau chief, covering Brazil, Argentina, Chile,
Paraguay and Uruguay. He previously reported on technology from San Francisco
and, before joining The Times in 2018, spent seven years at The Wall Street
Journal. @jacknicas • Facebook

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