Former Brazilian President Jair Bolsonaro and military officers implicated in the alleged 2022 coup plot could face detention in common prisons rather than military facilities if expelled from the armed forces, legal experts confirmed this week.
The development represents an unprecedented prospect in Brazilian democratic history: a former president and senior generals stripped of military privileges and imprisoned alongside ordinary criminals. According to G1, prosecutors investigating the coup plot are weighing whether to pursue expulsion proceedings in military tribunals before criminal trials in civilian courts.
The legal mechanism centers on Article 142 of military regulations, which allows for dismissal of officers who commit crimes that demonstrate "incompatibility with military honor." Once expelled, individuals lose all military privileges—including the right to detention in specialized military facilities.
"This would fundamentally change the dynamics of accountability," explained Marcelo Neves, a constitutional law professor at the University of Brasília. "Military tribunals move more quickly for expulsion cases than criminal courts move for conviction. You could see Bolsonaro and the generals stripped of their ranks before they're even tried for the coup attempt."
In Brazil, as across Latin America's giant, continental scale creates both opportunity and governance challenges. The military judiciary operates under different procedural rules than civilian courts, potentially accelerating accountability mechanisms that might otherwise take years.
Federal prosecutors have identified at least 37 individuals implicated in the coup plot, including retired Army General Walter Braga Netto, Bolsonaro's 2022 running mate, and retired General Augusto Heleno, former head of the Institutional Security Office. Evidence gathered by federal police includes detailed planning documents for preventing Luiz Inácio Lula da Silva's inauguration and potentially arresting Supreme Court justices.
The prospect of common imprisonment carries profound symbolic weight. Since Brazil's return to democracy in 1985, no former president has faced incarceration in standard facilities. Luiz Inácio Lula da Silva himself spent 580 days in detention during corruption investigations, but in a federal police facility in Curitiba with accommodations vastly different from Brazil's notoriously violent common prisons.
Brazil's prison system ranks among the world's most overcrowded and dangerous, with conditions regularly condemned by human rights organizations. Common facilities house inmates in cells designed for 40 but holding 150, with gang violence endemic.
Military legal analysts caution that expulsion proceedings remain discretionary. "The military justice system faces enormous pressure," noted Rachel Maia, a military law specialist. "Expelling a former commander-in-chief and decorated generals would represent a historic repudiation by the institution itself."
Political reactions divided along familiar lines. Gleisi Hoffmann, president of the governing Workers' Party, called expulsion "the minimum necessary consequence for officers who betrayed their constitutional oath." Meanwhile, Bolsonaro allies in Congress denounced the prospect as "political persecution" and "revenge."
Bolsonaro himself has denied all involvement in coup planning, calling the investigation a "farce" designed to prevent his political return. He remains barred from seeking office until 2030 due to separate electoral violations.
The case represents a critical test of Brazil's democratic institutions and civil-military relations. The armed forces have historically enjoyed significant autonomy, and no previous coup attempt—including the 1964 military takeover that led to 21 years of dictatorship—resulted in comprehensive accountability.
Supreme Court Justice Alexandre de Moraes, who oversees the investigation, has signaled impatience with delays. Sources close to the court indicate he may press prosecutors to file formal charges within the coming months.
International observers have praised Brazil's investigation as a model for democratic accountability, particularly as other Latin American nations grapple with similar challenges to electoral legitimacy. The Organization of American States and European Union representatives have quietly monitored proceedings.
Legal proceedings could extend for years through multiple appeals, but the expulsion question may be resolved far sooner. Military tribunals typically complete such cases within six to twelve months, potentially setting up a scenario where Bolsonaro and co-defendants lose their military status while criminal trials continue.
For a nation still processing the trauma of the January 8, 2023 riots—when Bolsonaro supporters stormed government buildings in Brasília—the prospect of accountability carries both legal and symbolic significance. Whether that accountability extends to common imprisonment remains one of the most consequential questions in contemporary Brazilian democracy.
