That of the retired general, this Saturday (14), under suspicion of obstruction of justice, does not, in itself, impact the situation of the former president ().
The former president was arrested by the Federal Police on suspicion of having participated in the coup plot in 2022 that attempted to prevent the inauguration of the president (PT) in the same investigation that resulted in the indictment of Braga Netto.
According to the PF, Bolsonaro planned, acted and “directly and effectively controlled the execution acts” of the coup. The plot, according to the corporation, involved the then-elected president, Lula, the vice president (), and the minister of the (Supreme Federal Court) in 2022.
The arrest of those involved, including Bolsonaro, can occur in two situations.
The first is if they are found guilty after the entire court process has passed.
This will only happen after the Attorney General’s Office assesses whether to file a complaint, close the investigation or request further investigation into the case.
Once the complaint is made, the STF ministers decide whether to accept the case. If so, the accused become defendants and begin to respond to the process. After that, the sentence is given, which can lead to conviction if the accused are found guilty even after the appropriate appeals.
Braga Netto was arrested before this procedure because, in his case, a second possible scenario occurred: preventive detention was ordered.
This measure is provided for in a police investigation or judicial process in cases where other less restrictive options, such as a ban on leaving a certain location or communicating with suspects, are not sufficient.
According to the PF, this Saturday’s operation aimed to comply with court orders issued by the STF involving people “who would be hindering the free production of evidence during the criminal procedural investigation”, in order to prevent the repetition of illicit conduct.
According to a PF report on which this Saturday’s action was based, by Mauro Cid, Bolsonaro’s former aide-de-camp, with the soldier’s father.
The institution states that Braga Netto acted in a “reiterated and prominent way to prevent the complete identification of the facts investigated”.
The minister’s decision, released this Saturday, points out that Mauro Cid confirmed the PF’s suspicions that Braga Netto tried to ask him for information in September 2023, after the former aide-de-camp left prison in Brasília.
There would also have been other attempts to interfere in the investigations, and the PF cites a document with questions and answers about Cid’s accusation that would also be related to Braga Netto.
“The actions carried out indicated that Braga Netto tried to obtain the data passed on by collaborator Mauro Cid to the investigation, with the aim of controlling the information provided, changing the reality of the facts verified, in addition to consolidating the alignment of versions between those investigated”, concludes the PF.
The decision also reports that he “” for the organization and execution of the plan to kill Lula, Alckmin and Moraes himself.
The retired general’s defense says he did not try to interfere in the investigation. He has previously denied the coup plot and assassination of authorities.
For Maurício Zanoide, professor of criminal procedure at USP, the PF report highlights elements that indicate that there was an attempt to obstruct justice. He explains that every criminal investigation needs to be immune to interference from people who want to harm the progress of the work.
Zanoide also says that award-winning collaborations like Cid’s are confidential and that trying to obtain information about them is trying to interfere in the investigations. The professor points out that the situation of interference itself represents, in theory, another crime, which is a variation of the crime of criminal organization, with a sentence of 3 to 8 years.
In the case of Bolsonaro, preventive detention could only occur if the authorities also understand that there are elements provided for by law that warrant the measure.
According to article 312 of the Penal Code, preventive detention may occur in the event of an attempt to obstruct or disrupt criminal proceedings in any way, endanger the application of criminal law, with, for example, an attempt to escape, and endanger the guarantee of public or economic order.
