Former president was nominated as the leader of the group who planned a blow after the defeat in the 2022 elections
The Senator (PL-RJ) said on Wednesday (19.Fev.2025) that the (Attorney General’s Office) against the former president (PL) is “Absurd” and that a “Great Circus”. His father and 33 others were reported for allegedly planning a coup in 2022, aiming to prevent the inauguration of the president -elect (PT). Read the complaint (PDF – 6.1 MB).
In conversation to journalists, in Congress, Flávio still said “Be sad for the forced denunciation” by Mauro Cid, former order of the Bolsonaro government order.
“It was a copy and glue of what Cid put on paper. It was not a denunciation, it was a coercion for him to put on paper what his accusers wanted. I am very sad that ICD was forced to do this, obviously it was not something he put on paper voluntarily. He himself said he never used the word blow, and the word appears at all times in the Federal Police report, needs to be investigated, even if there was no tampering in his statement ”said the senator.
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“What we are seeing is PGR based on a state project draft, which would be sent, supposedly, to the National Congress, something no one knows who wrote. Not even the PGR itself knows who would have written this draft, ” stated.
The Minister of the Supreme Court (STF) and rapporteur of the case, Alexandre de Moraes, the confidentiality of Cid’s denunciation on Wednesday.
“It turns out that, at the present time, once the complaint is offered by the Attorney General, to guarantee the contradictory and the broad defense […] There is no need to maintain this confidentiality, and should be guaranteed to the accused and their lawyers full and broad access to all the terms of the award -winning collaboration“Says Moraes, who is a rapporteur of the case.
Moraes set a period of 15 days for the accused to present their defenses in the investigation that investigates a possible attempt to coup.
Cid gave the 1st testimony in the PF (Federal Police) award -winning denunciation process in August 2023. The document was obtained by the newspaper Folha de S. Paulo and released by columnist Elio Gaspari on January 25, when he was still kept confidential. .
PGR complaint
In addition to Bolsonaro and Cid, he is among those reported by the PGR former minister and former vice on Bolsonaro’s plate, General Braga Netto. The complaint, however, does not mean that the former president will be arrested, or that he is already considered guilty by the court. What the PGR presented in the STF survey validated the performance and the PF report. In this case, the accused have not yet become defendants and remain as investigated.
The evidence against those involved were obtained by the corporation over almost 2 years, through breaks of telematic, telephone, banking and fiscal secrecy, as well as award -winning collaborations, searches and seizures.
Below are the crimes by which those involved were reported and the foreseen penalty:
- violent abolition of the Democratic Rule of Law – 4 to 8 years in prison;
- coup d’etat – 4 to 12 years in prison;
- Integrate criminal organization with firearms – 3 to 17 years in prison;
- Qualified damage against Union’s heritage – 6 months to 3 years; and
- DECLARED OF HERITAGE – 1 to 3 years.
Next Steps
The complaint was sent to the STF.
Now, the minister should decide whether to receive the complaint (fully or in part) or if the case files. It must also submit the decision to a board. You can still ask for changes to consider the piece incomplete or understand that it does not correspond to the law.
This stage involves hearings with accused and new interrogations. The criminal procedural code obliges the judge to conduct his own investigation and call witnesses and corridors.
After the requirements and steps and, proving the evidence found by the PF, those involved have become defendants and will be responsible for a public criminal action – may be convicted or acquitted. In this phase the final allegations are made and the Court gives a decision on the penalties of each of those involved.
The Supreme Court may still send the case back to the first instance – in this case, a possible prison of Bolsonaro would be longer. This possibility can be raised by members of the board, since Bolsonaro no longer has a privileged forum and, therefore, could have the case judged by a Federal Court.
A is that Moraes take the case to be analyzed by the 1st Panel of the Court, composed by ministers Cristiano Zanin, Cármen Lúcia, Luiz Fux, Moraes and Flávio Dino. It is up to the rapporteur, however, to make this decision.
The Code of Criminal Procedure determines a period of up to 15 days for the assessment of the complaint by the instance that will judge it. In the evaluation of experts heard by the Poder360the proximity of the complaint with the holidays of Carnival, Easter and work can cause the deadline to be extended.
An eventual conviction of Bolsonaro and consequent loss of political rights due to the crimes to which it is accused will only be possible after a condemnatory criminal sentence that became res judicata, that is, when there is no possibility of appeal. Until then, however, the former president remains ineligible by decision of the TSE (Superior Electoral Court) of 2023.
Slicing
PGR opted to “Slice” the complaint in 5 parts. Although the PF has presented 1 single report with all accused for the same crimes, the Attorney’s Office has decided to separate criminal actions, which should be analyzed separately.
According to this digital newspaper, the maneuver allows the different evidence and facts to be produced in the new hearings and diligences, but with the same people. If a penalty is applied to the crime of criminal association, for example, slicing can make it difficult to connect the defendants, which would be separated into different proceedings. The risk, in this case, is of incongruities and nullity of the criminal action.
MILITARY
In relation to the military involved, they should be tried by the Common Justice. An eventual transfer of the process to military justice is unlikely, since the crimes for which they were reported are typically civilians.
In addition, the performance of the officers took place while “Public officials”more than during the exercise of military activity. Therefore, the procedural rite must be the same as the other investigated.
The investigation
In November 2024, the PF an operation against suspects of integrating a criminal organization responsible for planning, according to the corporation’s understanding, a coup d’état to prevent the possession of the elected government in the 2022 election.
The agents aimed the so -called “black kids”, a group formed by the special forces military. They investigated an execution plan against President Luiz Inacio Lula da Silva (PT) and his deputy, (PSB). The investigated would also have the arrest and execution of Moraes.
At the time, 5 pre -trial detention and 3 search and seizure warrants were issued in Rio de Janeiro, Goiás, Amazonas and the Federal District. Targets had to comply with a number of measures, such as not talking to other investigated, delivering their passports and suspension of public functions.
These were the targets:
- the Executive Secretary of the General Secretariat of the Presidency of Bolsonaro, the reserve general Mário Fernandes;
- Lieutenant Colonel Hélio Ferreira Lima;
- Major Rafael Martins de Oliveira;
- Major Rodrigo Bezerra de Azevedo; and
- Federal Police Officer Wladimir Matos Soares.