The Long Journey to Justice
By Hotspotnews
Kassio Nunes Marques, the Supreme Federal Court justice appointed by former President Jair Bolsonaro, has identified multiple excesses in the criminal proceedings that produced Bolsonaro’s 27-year-and-three-month sentence for alleged involvement in a coup plot. While reviewing the defense’s petition for criminal revision, Nunes Marques has told aides that the case file contains numerous contestable elements related to the rights of the defense and the calculation of the penalty. He has further indicated that any vote he casts on the matter is likely to generate national commotion.
The underlying conviction was issued by the First Panel of the Supreme Court in a process overseen by Justice Alexandre de Moraes. Bolsonaro’s lawyers filed a second criminal-revision request in late September 2026, arguing, among other points, that problems existed in the chain of custody of digital evidence taken from the former president’s devices and that the defense was not given adequate time to examine the raw data relied upon by prosecutors. They have also drawn comparisons to procedural standards applied in other recent Supreme Court matters. Nunes Marques, who already serves as rapporteur of an earlier revision petition filed in May, is expected to seek an opinion from the Prosecutor General’s Office before scheduling a decision. Reports indicate he intends to move the case after the second round of the presidential election on October 25 so that the timing cannot be portrayed as electoral interference; he currently also heads the Superior Electoral Court.
Nunes Marques has privately described the original proceedings as containing a series of exaggerations. Interlocutors say he questions whether the penalties imposed correspond to any recognized political sanction under the Penal Code and whether the defense was afforded a full opportunity to contest the evidence. The court remains divided. Justices who previously voted to convict—including Moraes, Flávio Dino, Cármen Lúcia, and Cristiano Zanin—are widely expected to resist the revision on the ground that criminal review requires newly discovered proof of innocence or demonstration that the conviction rested on false testimony. Justices André Mendonça and Luiz Fux, the latter of whom voted to acquit at trial, are viewed as more receptive. The remaining votes of Dias Toffoli and Edson Fachin are considered pivotal.
From the standpoint of those who have long criticized the concentration of investigative, prosecutorial, and adjudicative functions in a single justice’s hands, the development underscores a basic institutional tension. A process that began under one magistrate and produced a multi-decade sentence is now subject to review by a colleague who was not part of the original panel. Whether the revision ultimately succeeds or fails, the mere acknowledgment by a sitting justice that substantial elements remain open to contestation places the earlier proceedings under renewed public scrutiny. Bolsonaro is presently serving the sentence under house arrest. Any decision that alters that status, even temporarily through a preliminary injunction, would immediately test the Supreme Court’s internal cohesion and the broader public’s confidence in the finality of its criminal judgments.
The episode also illustrates the practical limits of treating high-profile political cases as ordinary criminal matters once they reach the highest court. When the rapporteur himself anticipates that his vote will provoke national commotion, the controversy is no longer confined to technical questions of evidence or sentencing guidelines. It becomes a test of whether the court can revisit its own work without the appearance of political accommodation or institutional self-protection.
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Sources: Reporting by Folha de S.Paulo (Luísa Martins), G1, CNN Brasil, and O Globo, October 2026.