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Jorge Folena

Lawyer, jurist, and PhD in political science.

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Lesson from the trial: fascism has not yet been defeated.

The historic conviction exposes that the far right remains active and that fascism continues to be a threat to Brazilian democracy.

Former President Jair Bolsonaro at his home in Brasília where he is serving house arrest - 03/09/2025 (Photo: REUTERS/Diego Herculano)

The trial and conviction of the coup leaders on September 11, 2025, leaves an important lesson for a country that, until then, had never brought to trial those who attacked the democratic order with the aim of installing a regime of exception, as we had in the past.

Until this trial, politicians with authoritarian leanings imagined themselves free to express heresies against the constitutional order, under the protection of "freedom of expression," as the former president did and as his followers and supporters do.

The former president assaulted, threatened, and offended the other branches of government; he acted against Parliament at the beginning of his term, and against the Judiciary and its members throughout his administration. As head of government, he thought he could act like a despot and even appropriate jewels destined for the Union's patrimony; his words and actions led to the deaths of thousands during the Covid-19 pandemic by not getting vaccinated and encouraging the transmission of the virus.

As if that weren't enough, he attacked the press, women, girls, children, black people, the elderly, people from the Northeast of Brazil, and indigenous people. He did not behave with dignity or respect in the highest office he held in the Republic; he offended nations friendly to Brazil and, above all, he did not respect the Constitution.

For all these reasons, there were more than one hundred impeachment requests, duly substantiated and justified, but which were not carried out, because the country's ruling class needed him to repress the working class and progressive movements in the country, in order to implement neoliberal policies, which began with the undue removal of President Dilma Rousseff, promoting the withdrawal of labor and social rights, harming millions of Brazilians.

It is important to understand that, in the process of redemocratization, one concern of the 1987/1988 constituent assembly was to prevent one branch of government from overstepping its bounds, in order to avoid what occurred in Brazil between 1964 and 1985, when the Executive branch imprisoned, dismissed, censored free thought, stripped the Judiciary of its powers, closed Parliament, and even made people disappear without informing their families of their whereabouts.

For this reason, the first article of the Constitution established that Brazil is a Federative Republic, composed of the indissoluble union of the states, municipalities, and the Federal District, constituted as a democratic state of law; and, in the second article, it was affirmed that the powers of the Republic are independent and harmonious. That is, there is no power superior to another, and all of them must obey the people, the origin of their authority and to whom they are subordinate.

Thus, the branches of government must respect one another, each fulfilling its institutional role, and aggression or the belittling of one branch in relation to another is unacceptable, as the former president attempted to do when he was head of the Executive branch, threatening and intimidating its members. This behavior led to the former president being convicted of the crime of attempting to abolish the democratic rule of law.

This must be clearly expressed to certain political leaders who insist and persist in abusing the representation entrusted to them by voters, including engaging in the misuse of legislative power, a practice that the Constitution does not authorize, as it is out of harmony with the balance of political and social forces, the foundation of the separation of powers.

The first lesson to be learned is that, depending on how this abuse of power by one party over another is carried out and manifested, this imposition can go beyond the limits of politics and move into the criminal sphere, potentially leading to its classification as an attempt to abolish the democratic rule of law.

The second and most important lesson from the trial is that fascism was not defeated in Brazil. The best representation of ongoing fascism was characterized by the dissenting vote, which made it possible to revive and encourage those who attack the Constitution and who, even in the minority, are a dangerous and strident force. This was evident over exhausting hours within the facilities of a court sanctioned by foreign forces and with some of its members under death threats.

Fascism is alive and well within Brazilian state institutions; its adherents act with arrogance and hubris, omitting facts and distorting reality to instill fear and confuse people, given the falsification of narratives presented with a tone of supposed truthfulness and authority.

It is impossible to defeat fascism with a single trial by a single court. The democratic, popular, and progressive camp has the right to celebrate, but aware that the struggle is not over, especially in a country whose ruling class has always expressed and defended the misguided principles upheld by fascists.

Advancing the use of social media means giving people the tools to tear away the veils of lies, manipulation, and misinformation that have always been used to divide us and hinder our future potential. Fighting fascism is the path to raising Brazil to the level of development we need and deserve.

* This is an opinion article, the responsibility of the author, and does not reflect the opinion of Brasil 247.

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