Judge Luiz Fux calls the indictment political in his decision, which he announced after a nine-hour deliberation.
Bolsonaro's son, Senator Flávio Bolsonaro, means that Fux has revealed that the trial is a "political witch hunt" and that it should therefore be completely invalidated.
Two judges have already chosen to convict Bolsonaro. The trial is decided by majority vote and is expected to continue until Friday. The judges can change their decisions until the end of the trial.
The 70-year-old Bolsonaro may be sentenced to 40 years in prison if a majority of the judges believe he is guilty of trying to regain power after losing the presidential election to Luis Ignácio Lula da Silva in 2022.
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