The Superior Military Court (STM) will now judge Bolsonaro and officers complicit in the coup, resulting in the loss of their posts and ranks.

The Minister and President of the Superior Military Court (STM), Maria Elizabeth Rocha, received today (February 3, 2026) from the Attorney General of Military Justice, Dr. Clauro De Bortolli, the representations for the opening of proceedings for the loss of ranks and commissions, due to "unworthiness or incompatibility for the officer corps," of officers convicted by the common courts for acting against democracy and the rule of law. After being entered into the system electronically, Ministers Verônica Abdalla Sterman, Carlos Vuyk de Aquino, José Barroso Filho, Celso Luiz Nazareth, and Flávio Marcus Lancia Barbosa were designated to be responsible for the proceedings individually. Each minister will judge one of the convicted officers and conclude whether or not to lose their rank and commission. The measure is unprecedented, considering the rank of the officers. Never before have generals of the Brazilian Army and an admiral been subjected to this scrutiny.

However, judging by the statistics from the last eight years, from the STM itself, in which cases like these had an 86% conviction rate, there is a high chance that these officers will be dismissed from the ranks of the Armed Forces. A reviewing rapporteur was also drawn to analyze each case and present their votes. In the event of a tie in any of them, and only in the event of a tie, the tie-breaking vote will belong to Minister Maria Elizabeth, and her vote must necessarily be in favor of the defendant.

Those to be evaluated are: former President of the Republic, Jair Messias Bolsonaro; former Minister of Defense and Chief of Staff, Walter Braga Netto; former Navy Commander, Almir Garnier; General Augusto Heleno, former head of the Institutional Security Office of the Presidency of the Republic (GSI); and former Minister of Defense, Paulo Sérgio Nogueira. All were accused and had their sentences finalized for committing five crimes: armed criminal organization; attempted violent abolition of the Democratic Rule of Law; coup d'état; aggravated damage through violence and serious threat; and deterioration of listed heritage. The officers in question received sentences exceeding two years, and the judgment for the loss of rank and commission, in these cases, is a determination of the Constitution (article 142, item 3, IV), the Military Penal Code (articles 98 and 104), the Military Statute (articles 118 to 120), and the Internal Regulations of the Superior Military Court (articles 115 to 117). 

It is the prerogative of the Superior Military Court (STM) "to assess, in a jurisdictional capacity, representations of unworthiness or incompatibility for officer status (article 142, item 3, IV), authored by the Military Public Prosecutor's Office (MPM), against officers of the Armed Forces convicted, in a final and unappealable judgment, to a prison sentence exceeding two years – for a military or common crime," says the Charter.

The Superior Military Court (STM) has concluded, in the last eight years, 97 proceedings of the Council of Justification and Representation for Unworthiness or Incompatibility for the officer corps, procedures that can result in the loss of rank and commission of officers of the Armed Forces. The average is more than 11 cases per year.

According to an internal survey by the Court itself, between January 2018 and November 2025, 96 cases were analyzed. In more than 86% of the judgments (84 cases), the outcome was the revocation of the patent and the position.

"The Court's action depends on prior request from the Military Public Prosecutor's Office, making any action without prior request impossible." ex officio"The STM (Superior Military Court) performs an eminently jurisdictional function; the execution of decisions, such as the eventual loss of rank and commission, occurs at the administrative level, under the responsibility of the Military Command of the Force to which the convicted officer belongs," clarified the STM, through its press office.

The Court is composed of 15 justices – ten military (four from the Army, three from the Navy, and three from the Air Force) and five civilians. After the cases are analyzed by the reporting justices and the reviewing justices, they present their votes to the 14 justices of the Court, in plenary session, for consideration.

Those convicted by the Military Justice system and sentenced to loss of rank and commission will benefit from what is called "fictitious death" (when benefits are transferred to the spouse and children). As this is a social security benefit, the Superior Military Court (STM) does not decide on these matters, which are the responsibility of the administrative bodies of each branch of the armed forces. It is important to emphasize, however, that only the Federal Military Justice system can decree the loss of rank and commission of officers, as expressly provided for in the 1988 Federal Constitution.

It is worth remembering that the military officers convicted of crimes against democracy, who currently face proceedings for the loss of their ranks and commissions, received sentences far exceeding the two years stipulated by military regulations. 

• Jair Bolsonaro: 27 years and three months old, in the 19th Military Police Battalion, also known as “Papudinha”; 
• Walter Braga Netto26 years old, in the Military Village of Rio de Janeiro;
• Almir Garnier: 24 years old, at the Navy Radio Station facilities in Brasília;
• General Augusto Heleno: 21 years old, serving his sentence at home under house arrest.
• Paulo Sergio Nogueira: 19 years old, serving a sentence at the Planalto Military Command.

In the event of loss of rank and commission, the defendants shall be transferred to ordinary prison units.