Reckoning with Democracy: Between Justice and the Threat of Amnesty

Brazilian society has lived with multiple forms of coups deeply rooted in socio-historical, political, and economic structures. These coups are not limited to explicit institutional ruptures, but also manifest themselves in everyday practices of corruption, the deliberate weakening of democratic institutions, the manipulation of the mainstream media, and the capture of the State by private interests. Combating them requires not only institutional actions, but also a collective effort of critical reflection, awareness, and permanent social mobilization, capable of questioning historical privileges and promoting structural transformations that strengthen democracy, social justice, and national sovereignty.

On September 2nd, the country stopped to watch, on TV Justiça, the initial broadcast of the trial of the defendants from the crucial core group involved in the attempted disruption of the democratic order. Brazilians are having the opportunity to follow, in real time and with broad access through various media outlets, a historic trial that places in the dock those accused of armed criminal organization, attempted violent abolition of the Democratic Rule of Law, attempted coup d'état, aggravated damage through violence and serious threat, as well as deterioration of listed heritage. Of the eight defendants, only Alexandre Ramagem is not charged with the last two crimes mentioned. This is not only about examining individual responsibilities, but also exposes society to the architecture of an authoritarian project that attempted to subvert the Rule of Law and undermine the popular sovereignty expressed at the ballot box.

The hard-won democratic order, achieved after the spurious military regime that took lives and undermined the rule of law from 1964 onwards, was almost dismantled again by the criminal machinations of the defendants: Jair Bolsonaro, Walter Braga Netto, Augusto Heleno, Paulo Sérgio Nogueira, Almir Garnier, Alexandre Ramagem, and Anderson Torres, during the years 2022 and 2023, with the aim of restoring the state of exception of the darkest years of the dictatorship.

The Attorney General's Office (PGR) requested the conviction of all defendants in its statement: "All the characters are responsible for the events that intertwine with each other. The degree of each character's involvement in the overall plot is a matter of measuring guilt and punishment, but not of responsibility itself."

In response to this request, both the lawyers who defended their clients on Monday (September 2nd) and Tuesday (September 3rd) attempted to contest the accusations, analyzing the various episodes of the attempted coup in a disjointed manner and not as a whole based on the contribution of each individual, as precisely alleged in the indictment read by the Attorney General, Paulo Gonet, at the opening of the trial. One of the lawyers, Andrew Fernandes, representing former Defense Minister Paulo Sérgio Nogueira, differed from his colleagues by resorting to Mauro Cid's plea bargain testimony to argue that his client tried to dissuade Bolsonaro from the coup plot. This argument, while seeking to alleviate the general's responsibility, conclusively exposed the former president as the central protagonist of the coup plan.

Given the overwhelming evidence gathered by the Federal Police that formed the basis of the Attorney General's Office's indictment, and the weak arguments constructed by the defense of their indefensible clients, it is practically predictable, as the expert in Criminal Law, lawyer Antônio Carlos de Almeida Castro, stated in an interview with TV 247: "for me, the decision will be unanimous; any disagreement, if there is one, will be regarding the length of the sentence." This expectation of unanimity among the Supreme Court justices highlights the gravity of the case and prepares the ground for understanding the unprecedented nature of the ongoing trial, which constitutes a watershed moment in the republican history of Brazil. The country had never before witnessed a trial of this magnitude involving a former president of the Republic, high-ranking military officers, and public figures directly linked to the center of political power. This is a unique moment that exposes the deep anti-democratic veins of the Bolsonaro ideology to which the Brazilian people were subjected, but also reaffirms the strength of the Democratic Rule of Law.

In this context, next week will attract considerable attention from national and international media due to the unique nature of this legal achievement. The country is setting an example to the world of the sovereignty and integrity of the Brazilian justice system, which does not yield to pressures, whether internal or external, stemming from the authoritarian ambitions of a decadent imperialist nation that cannot accept the new global geopolitical configuration.

The relevance of this trial transcends the defendants involved. It symbolizes the current stage of a democracy still in the process of consolidation, constantly threatened by forces that do not accept it. The legal process against these defendants is not limited to the recovery of a justice factually neglected in the past by the impunity of the military responsible for the bloody coup of 1964. Above all, it is a decision with repercussions for the future.

In this unequivocal materiality, Minister Alexandre de Moraes, rapporteur of Criminal Action 2668, when reading his report, highlighted: "History teaches us that impunity, omission, and cowardice are not options for achieving peace." In expressing this argument, he launched a direct criticism of the hypocritical rhetoric of right-wing and far-right parliamentarians and their presidential candidates for 2026, among them the governor of São Paulo, Tarcísio de Freitas (Republicanos-SP). A political heir to Bolsonaro's legacy, Tarcísio defends amnesty with the clear objective of freeing his mentor from an inevitable conviction, even promising a pardon if elected.

In the midst of Jair Bolsonaro's trial at the Supreme Federal Court (STF), the governor met with members of the centrist bloc and the president of the Chamber of Deputies, Hugo Motta (Republicanos-PB), to coordinate the progress of the amnesty bill. The opposition assessed that this move reinforces the viability of the measure. This is an unconstitutional maneuver calculated to seduce the Bolsonaro electorate, which, despite the visible weakening of the clan, still maintains a reasonable presence in opinion polls for next year's elections.

It is revolting to see that the majority of parliamentarians in Congress act without any ethical commitment or respect for democracy. To even consider the shameful and illegal text of the amnesty bill orchestrated by Bolsonaro's Liberal Party represents a direct affront to the integrity of the country and to the working people who sustain the nation with their daily efforts. Instead of voting on issues that could concretely improve the lives of the population, such as ending the 6x1 work schedule, tax exemptions for those earning up to five thousand reais, and taxing the wealthiest, Congress prefers to prioritize the impunity of those accused of the coup. It is no coincidence that Congressman Rui Falcão (PT-SP) reacted to Tarcísio's brazenness by filing a request with the Supreme Federal Court (STF) for precautionary measures against the governor for alleged obstruction of justice in the process investigating the attempted coup d'état.

Under the false pretense of "pacifying Brazilian society," the far right, in alliance with sectors of the right, seeks to legitimize this offensive with the direct support of Tarcísio, colluding with Bolsonaro's main allies, Sóstenes Cavalcante (PL-RJ) and Silas Malafaia. This strategy not only affronts the majority of the Brazilian people, who, according to recent polls, oppose amnesty, but also the Supreme Federal Court (STF), rendering ineffective all the efforts of the Brazilian justice system in judging the defendants who attacked democracy. What is presented, therefore, is not a gesture of national reconciliation, but rather an attempt to delegitimize the ongoing judicial process, transforming the debate on amnesty into a political shield to protect allies and keep the flame of Bolsonarism alive in the electoral arena.

Allowing the project of impunity/amnesty or pardon would be an absolute setback that would open space for new coup attempts in the future. Tarcísio removes the mask of a moderate Bolsonaro supporter; he is, in fact, an authoritarian in disguise, just like his creator, incapable of respecting democratic limits. True pacification requires holding accountable those who have attacked the constitutional order. Brazil, in affirming the primacy of Justice, also reaffirms its sovereignty and the maturity of its institutions before the world.

In this context, society cannot limit itself to silent indignation; it is necessary to occupy the streets, give voice to the majority that rejects amnesty, and affirm that the Brazilian people do not accept impunity. In a scenario of continued coup attempts, it is fundamental to debate the direction of the country and strengthen the defense of democracy. Tomorrow, September 7th, the date on which we celebrate Brazil's Independence, the Cry of the Excluded returns to the streets in various cities, with acts, debates, and mobilizations that reaffirm the struggles of workers and popular resistance against authoritarian attacks.

The map with the addresses and times of the mobilization in the North, Northeast, Midwest, Southeast, and South regions is available at: https://www.ctb.org.br/2025/09/03/faltam-poucos-dias-para-o-7-de-setembro-veja-onde-acontecem-os-atos-do-grito-dos-excluidos-2025-em-todo-o-pais/.

Come on, let's go, waiting is not knowing.

He who knows how to seize the moment, doesn't wait for it to happen! (Geraldo Vandré, 1979).