Permanent coup

Jair Bolsonaro's house arrest has sparked a huge legal debate about whether the measure ordered by Alexandre de Moraes was correct or excessive. Intertwined with the legal debate is also a discussion about the political expediency of the decision. There are pros and cons. Some critics of house arrest agree that Bolsonaro allowed it to occur by violating precautionary measures previously ordered by the judge. The legal problem lies in the precautionary measures themselves, which allegedly violated the former president's freedom of expression.

These critics overlook some key aspects of Bolsonaro's past. As a military man, he had already been arrested for violating discipline and hierarchy rules for salary reasons. After that, something more serious occurred. Around 1987, according to reports in Veja magazine, he allegedly participated in planning bomb attacks on barracks and other military units. After an investigation, an Army Commission decided to expel him. However, after hearing an appeal in a secret session, the Superior Military Court acquitted the then-captain. The expulsion was overturned, and he was not arrested. The following year, he was transferred to the reserves.

Bolsonaro's political life was also marked by a series of cunning and clever moves, and by a history of impunity. During his long career as a congressman, he tirelessly praised dictators and torturers, defended coups d'état, violated parliamentary decorum, and insulted and threatened congressmen committed to democracy. He even advocated mass shootings, torture, and rape.

As president, Bolsonaro promoted and agitated for a coup. He prepared it with attacks on the electoral system, the Superior Electoral Court (TSE), and the Supreme Federal Court (STF), in a recurring process of destabilizing democracy. In the throes of his term, he orchestrated the coup, with an organized coup group and defined tasks. The coup only failed due to the resistance of some military commanders and the lack of courage of the conspirators.

Bolsonaro wanted to use the Constitution to justify the coup, just as he has flouted the law throughout his career. Here's a crucial observation: "It has been said that totalitarian movements use and abuse democratic freedoms with the aim of suppressing them," wrote Hannah Arendt.

This is what Bolsonaro and his supporters are doing. They claim to be persecuted and demand freedom, but they aim to paralyze the rule of law, the courts, and the prosecution of the coup plotters. The former president, his sons, and other radicals want to elevate themselves to the status of judges and turn Alexandre de Moraes and other Supreme Court justices into defendants.

This is a permanent and ongoing coup. As legal scholar Walter Maierovitch explains, a coup is underway. Jair and Eduardo Bolsonaro are conspiring to delegitimize the rule of law and democratic institutions through the Trump administration. This isn't just an attack on sovereignty. The higher courts, which are the front line in containing the coup, are being destabilized.

The purpose of the precautionary measures imposed by the Supreme Federal Court is precisely to halt this continued coup. Because Bolsonaro is an outlaw and considers himself above the law, he violates court orders. Some legal scholars and analysts, in an idiocy of formalism, don't want anything done to protect democracy. Instead, they defend the guarantee of freedom of conspiracy, disguised as freedom of expression.

Bolsonarism is a considerable political force, and its leaders use every trick, ruse, lie, and manipulation to mobilize social sectors. There's a huge risk of destabilizing democracy, depending on the outcome of the 2026 elections. But the idiots of legal and conceptual formalism want democracy to remain paralyzed in the face of the coup plotters' constant attacks. The cowardly "wisdom" of fearful democrats advises: "To avoid radicalization, do nothing against the coup plotters." This is an invitation to the victory of dictators.

Now, pro-Bolsonaro deputies and senators are rioting on Congress grounds. It's a continuation of January 8th. The Supreme Federal Court (STF) and Alexandre de Moraes are experiencing an unusual legal-political experiment: how should a constitutional court act to protect the Constitution against continued coupism? This is the situation that Brazilian democracy and constitutionalism are forced to experience at this time.

Published in issue no. 1374 of CartaCapital , on August 13, 2025.

This text appears in the print edition of CartaCapital under the title 'Permanent coup'