Top Brazilian military leaders declared to police that former President Jair Bolsonaro presented them with a plan to reverse the results of the 2022 election he lost, but they refused and warned him that they would arrest him if he tried it, according to judicial documents released on Friday.
The testimonies of Mr Bolsonaro’s former army and air force commanders before police, and released by the Supreme Court, is the first direct mention to the right-wing leader as the person planning a move to change the results of the 2022 election won by his rival, Luiz Inacio Lula da Silva.
The statement by Mr Bolsonaro’s commanders add to his legal woes as prosecutors seek to find links between the far-right leader and the January 8 2023 riots that trashed government buildings in capital Brasilia one week after Mr Lula’s inauguration.
A federal police report said former army commander Marco Antonio Freire Gomes testified that he and other top military leaders attended several last-minute and unscheduled meetings at the presidential palace after the second round of the 2022 elections “in which then-president Jair Bolsonaro offered possibilities of using legal tools … regarding the electoral process.”
Gen Freire Gomes told police that in one of the gatherings Mr Bolsonaro told the three commanders of his military and his then-defence secretary Paulo Sergio Nogueira he wanted to create a commission to “investigate the confirmation and the legality of the electoral process”.
He added other tools could be used, such as issuing a decree to declare a state of siege.
Gen Freire Gomes said he rejected the idea from the start and told Mr Bolsonaro that such a move “could end in the legal responsibility of the then-president”, according to the federal police document.
The Brazilian general also declared to police he “always made it clear to the then-president that, under the conditions at the time, there was no possibility of reversing the result of the elections from a military standpoint”.
Former air force commander Brigadier Carlos de Almeida Baptista Junior also told police he rejected Mr Bolsonaro’s electoral moves. He added that he believes that Gen Freire Gomes’ rebuke was key to stopping Mr Bolsonaro from seeking the reverse the elections result.
“If the commander (Gen Freire Gomes) had agreed, possibly, a coup d’etat attempt would have taken place,” the federal police document quotes Brig Baptista Jr as saying.
“Gen Freire Gomes said that if such move was attempted he would have to arrest the president,” the police document reads.
Brig Baptista Jr also told the federal police that Almir Garnier, the former commander of Brazil’s navy, “said he would put his troops at Jair Bolsonaro’s disposal”, according to the document.
Mr Bolsonaro has denied that he and his supporters attempted a coup when rioters assaulted government buildings a year ago.
“What is a coup? It is tanks on the streets, weapons, conspiracy. None of that happened in Brazil,” he said during a demonstration last month.
Mr Bolsonaro’s lawyer, Fabio Wajngarten, called Gen Freire Gomes’ testimony “folkloric” on X, formerly Twitter, on Thursday.
Mr Bolsonaro started raising unfounded questions about Brazil’s electronic voting process years before the vote, and those efforts to sow doubts accelerated in the lead up to the election.
But top figures in the military giving lengthy testimonies to police is an ominous omen for Mr Bolsonaro.
“It’s one of the first big signs that Bolsonaro is going to stand alone and lose much of the military support he had,” said Sergio Praça, a political scientist from the Rio de Janeiro-based Getulio Vargas Foundation, a think tank and university.
The testimonies are unlikely to have a significant impact on public opinion, said Manoel Galdino, a political scientist at the University of Sao Paulo.
Bolsonaro loyalists will not be swayed by new evidence, while many others are already convinced that the former president was involved in plotting a coup.
“There has been no major new revelation to the point of changing Bolsonaro’s status or the role he will play in the October municipal elections, for example,” said Mr Galdino.
Mr Bolsonaro is barred from running for office until 2030 because of two convictions of abuse of power, but he remains active in Brazilian politics as the main adversary for left-of-centre Mr Lula. As this year’s mayoral elections loom, candidates have split between the two leaders.
According to Brazil’s penal code, attempting a coup carries a sentence of minimum four years and a maximum of 12.