If he is convicted of the (Supreme Court), the former president will go to a closed arrest even if he receives the minimum penalties of the crimes attributed to him in the criminal complaint presented by the PGR (Attorney General of the Republic) on Tuesday night Fair (18).
In the event of condemnation for the five crimes of which it is accused, the sum of the minimum penalties would be 12 years and six months, without considering the aggravating circumstances indicated by the PGR, and would overcome the legal parameter for referral to the closed regime, which is 8 years.
This Thursday, after trial of the coup plot, which may occur later this year. “All the time [é] Let’s arrest Bolsonaro. I shit for prison. “
The totalization of the maximum punishments planned for the crimes, considering the circumstances of increased penalty indicated by the PGR, reaches 49 years and 4 months, according to the calculation made by criminalist Marina Coelho Araújo, who is vice president of IASP (Institute of Lawyers São Paulo) and Professor at Insper.
However, according to Araújo, in general in the trials the maximum penalties of the crimes are not applied.
“The individualization of conduct, the personality of the processed person and the circumstances of each crime usually impose the application of the penalty in the interval between minimum and maximum. Your maximum degree, “says the penalist.
The most serious offenses indicated in the PGR denunciation are attempted coup d’état and attempted abolition of the rule of law, whose minimum penalties are 4 years each.
Bolsonaro was also denounced for allegedly led an armed criminal organization whose minimum penalty is 3 years.
The PGR also accused Bolsonaro for the practice of damage qualified by violence and serious threat, against the union’s assets and with considerable damage to the victim, and the deterioration of overturned assets, whose minimum penalties are six months and one year, respectively.
It establishes that convicts for more than 8 years must serve the sentence in closed regime, in a maximum or average security establishment.
If it is not convicted of all the crimes of which it is accused and the summed penalties are between 4 and 8 years, Bolsonaro would go to an agricultural, industrial or similar establishment, semi -open.
In the event of a punishment of 4 years or less, the Penal Code provides for the execution of the sentence at a house of hostel or proper establishment, but this penalty may be converted into other restrictive measures, such as the provision of services to the community.
However, there is no criminal action made against the former president in the Supreme Court. The beginning of criminal proceedings depends on the acceptance of the complaint by the Court.
The forecast of STF ministers is that Bolsonaro is tried by the coup plot later this year to avoid possible contamination in the 2026 presidential elections.
The strategy involves both reserving part of the minister’s office, rapporteur of the case, to be responsible for analyzing the complaint as well as a change in the agenda of the first class of the Supreme, responsible for judging the accused.
The deadlines, however, are considered short for the instruction of criminal actions. Two lawyers of the accused heard by Sheet They claim that there are strategies to drag the processes and bet that the trials will be postponed.
A on Tuesday and another 33 for the articulation by a coup d’état after the victory of (PT) in the presidential elections.
The Attorney General will still submit other complaints about the end of the end of 2022 in the coming weeks. The decision of the PGR was to slice the analysis of the case by the investigation nuclei.
The next step in the Supreme will be the decision if the complaint will be received or rejected. If the Supreme Court decides to receive the complaint, the names listed by the Attorney’s Office will be considered defendants and called to submit a defense.
The next stage will be the hearing of witnesses and the interrogation of the defendants. Defenses may present lists with names of people to be heard by the Supreme, and one of the tactics to drag the processes is the inclusion of dozens of witnesses to audiences.
The later phase is the opening of a deadline for the final allegations, at which time the defenses may contest the evidence included by the PGR in the complaint and raise elements that point to the innocence of the defendants.
Only after the final allegations should the Supreme Court set a date for the trial of the coup plot. The whole process will be conducted by Alexandre de Moraes, rapporteur of the case.
The trial must take place in the first class of the STF – composed of Moraes and the ministers ,, and. The collegiate meets every 15 days, and is evaluated to change the periodicity to one session per week to accelerate the analysis of the complaints.
The complaint against Bolsonaro and allies was based on the report of the Federal Police investigation into the coup plot to prevent Lula’s inauguration.
The evidence has been known since the beginning of 2024, when the PF revealed, based on evidence and denunciation of the lieutenant colonel, that the former president would have presented to the heads of the Armed Forces a proposal for coup.
