The sentencing of former president Jair Bolsonaro and seven of his allies in the investigation for attempted coup d’état in Brazil, which is being officially made public today, will not imply their immediate entry into prison.
The first chamber of the Supreme Federal Court (STF) issued the sentence, but the execution of the penalties will be subject to the definitive resolution of the appeals that the defenders of the accused are already anticipating.
According to Brazilian jurisprudence, no sentenced person can be imprisoned while there are pending appeals.
This means that, despite the sanction, Bolsonaro and the other accused must wait for all appeals to be exhausted before serving their sentences.
Six of the eight implicated in the alleged coup are members of the Armed Forces.
According to the Military Statute, convicted military personnel do not serve sentences in civilian prisons, but in special facilities intended for members of the institution.
The above opens the possibility that Bolsonaro and his allies receive detention in military establishments, under differentiated conditions and with specific internal control.
Furthermore, the former Army captain can invoke his condition as former president of the Republic (2019-2022).
Such prerogative allows for requesting special measures that avoid ordinary prison, such as house arrest or special cells, similar to those that were granted to President Luiz Inácio Lula da Silva during his unjust detention in Curitiba, capital of the southern state of Paraná.
Bolsonaro’s health constitutes another factor that his defence can allege to modify the modality of serving the sentence.
His legal staff must present medical reports to the STF, justifying the necessity of house arrest or special conditions, a strategy that can further postpone his entry into prison.
Among the convicted military personnel who could serve their sentences in special facilities are Admiral Almir Garnier, General Augusto Heleno, General Walter Braga Netto, Lieutenant Colonel Mauro Cid and General Paulo Sérgio Nogueira.
Braga Netto is an example of this regime: detained since December 2024, he remains in a special cell in the First Division of the Army, in Vila Militar, Rio de Janeiro.
Until the sentence is definitive, none of the accused will effectively enter prison.
Analysts highlight that this scenario is common in cases of high political repercussion and procedural complexity.
The appeals and extraordinary resources before the STF can prolong the execution of the sentence for several months or even years, delaying any practical effect on the accused.
