The chance that the accusations against the former president () are taken to the plenary of the (Supreme Court) depend mainly on the rapporteur of the case, or a vote of 3 of the 5 ministers of the first class of the Court. Both are considered low internally.
Moraes will take the case to be tried by the board composed of him.
This will cause the ministers nominated by Bolsonaro not to participate in the analysis. Kassio Nunes Marques and André Mendonça are members of the second class of the court.
The decision to transfer the judgment of plenary criminal actions to the classes was taken under the justification of rationalizing the distribution of the criminal collection and reducing the process load to all 11 members of the Supreme.
However, there are situations in which the rapporteur may understand that judgment must occur in the plenary, if any, according to the Internal Regulations, “relevant argument of unconstitutionality not yet decided.”
For example, if there are matters in which classes divide each other or in relation to the plenary or due to the relevance of the legal issue.
As shown, court ministers are unhappy with Moraes’s decision to bring Bolsonaro’s case to the first class and think that, because of its importance and repercussion, he should be tried by all ministers.
Bolsonaro’s lawyer Celso Vilardi said in an interview with GloboNews that he studies a way of asking the trial to take place in the plenary.
The base, according to him, would be to consider that this is a process in which it should be considered special forum of President of the Republic, since Bolsonaro was in office at the time of the facts described by the investigations.
Experts in Criminal Law and Criminal Procedural Law say that lawyers of the 34 involved in the cases may request that the process be taken to the plenary in the early phase of receipt of the complaint, or then, in a possible judgment that may condemn or acquit those mentioned .
“The Internal Rules of the Supreme Court provides for hypotheses in which a criminal case may have its judgment affected to the plenary by the rapporteur, highlighting, among others, those in which the legal issue discussed is relevant or there is divergence in the positions of the classes or of Some of them in relation to the plenary itself, “says Flavia Rahal, professor at FGV-SP Law School.
The lawyer and professor of criminal law Marcelo Lebre also raises the possibility of, after the decision, the defense present the so -called “divergence embargoes”, when it is understood that a decision of the class diverges from something judged by the other class or the plenary.
But he states that there is interpretation that this request does not fit in original action – which begins directly in court, not in lower instances, as is the case with Bolsonaro.
Any request for judgment in plenary can be made at the current stage of the action, in which, by determination of Moraes, lawyers must present the so -called prior defenses.
Then the complaint will be taken to the board’s judgment – in the case, the first class. It will be decided whether the court accepts the complaint and makes defendants the accused or rejects it.
If the prosecution is accepted, the process is instructed, the witnesses are heard, and defendants are questioned. Both defenses manifest before the process is brought to trial.
If the former president and other accused are convicted, there are some assumptions of resources. If the vote of the ministers is not unanimous, including in relation to the time of the sentence, the so -called infringing embargoes may be presented.
The purpose of this type of appeal is that the magistrate collegiate decides consensually.
The so -called declaration embargoes may also be presented, which aim to clarify obscurities, contradictions, omissions or errors in decisions. Only after that is the process considered closed.
Bolsonaro was by the Attorney General, on charges of leading an attempt to coup after losing the 2022 elections to prevent Lula’s (PT) inauguration.
He is accused of committing crimes of attempted violent abolition of the Democratic Rule of Law and coup d’état, damage qualified by violence and serious threat against the union’s assets, deterioration of listed heritage and participation in a criminal organization.
Added, the maximum penalties reach 43 years in prison, not to mention the aggravating factors, besides the possibility of being ineligible longer than the eight years for which he was convicted by the TSE (Superior Electoral Court).
The former president denies the accusations.
In addition to him, another 33 people were reported, including former Minister Walter Braga Netto, who was a candidate for vice president on the 2022 plate and is currently arrested preventively. Apart from the general, another five are detained.
