The (Attorney General of the Republic) reported on Tuesday (18) () and 33 people to the (Supreme Court) on suspicion of participation in the coup plan to keep the former president in power in 2022. The measure, they formally move on to the condition of accused.
The complaint is a piece presented by the court with the indication of alleged crime to be processed in the criminal sphere. This does not presuppose, however, their fault does not necessarily imply that these people will respond to a criminal action.
In order for Bolsonaro and the other accused to become defendants, in order to respond to a lawsuit about the coup plot, the Supreme must analyze the content of the document prepared by the Attorney’s Office and verify that it is in accordance with the formalities provided by law.
For example, the Code of Criminal Procedure states that the piece must contain the exposure of what happened, with all its circumstances, the qualification of the accused or the clarifications by which they can identify them, the classification of crimes and, when necessary , the list of witnesses.
After the complaint, the Court notifies the accused for response. If new documents are presented, it makes room for the Public Prosecution Service to speak up. The rapporteur then release the Supreme Court to decide on receipt, the rejection of the complaint or the dismissal of the prosecution, if the decision does not depend on further evidence.
In this trial, for which there is no date set in the case of the coup plot, there is a possibility of oral support by both the prosecution and the defense. With these debates, when the complaint is received, the suspects are considered defendants.
From this stage, as in any body of the judiciary, there will be a phase in which hearings, interrogation and other steps may be made. Then space is opened for last requirements and final allegations. Only then can the court make a decision on the merits of the action.
