The (Attorney General of the Republic) that connects Bolsonaro to the leadership of a coup plot focuses on the chronology of steep actions from 2021 to support the thesis that these acts were already the execution of an ongoing coup attempt.
The Attorney General cites five times on the document that underlies the complaint the term “executory acts”, indicating that actions, such as discrediting the ballot boxes, have already been in place that can be punishable crimes since the attempt, such as violent abolition of the democratic state of Right and coup d’état.
The complaint was filed on Tuesday (18) to (Supreme Federal Court). In addition to Bolsonaro, 33 other people were reported.
The former president is charged with the 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.
The defense of the former Mandant to connect with the “built narrative” and said he had received with “breathing and indignation” the complaint.
Gonet’s prosecution takes the thesis – they are defended by pockets – that actions such as January 8 would be isolated acts and removes the interpretation that others – as the authorities’ murder plan – would be preparatory acts not subject to punishment.
The idea has already been defended by Senator Flávio Bolsonaro (-RJ), who said “thinking about killing is not a crime.” He said this by commenting on November operation from which he aimed at a murder plan of the president (), vice president () and Supreme Minister.
The senator’s argument tries to rely on a legal discussion about the difference between executing acts and preparatory acts in order to seek advantages for Bolsonaro. The difference between legal terms is important because, except for exceptions, preparatory acts are often not punishable.
Ricardo Yamin, a criminal lawyer and a doctor of law, explains that the terms relate to the Iter Criminis, “the path of crime” that goes through phases of cogitation, preparatory act, executory act and consummation.
“Cogitation is nothing more than you start imagining the execution of the crime. The preparatory act is to start preparing questions related to execution. The executing act is to put the plan underway, and consummation is the result.”
He interprets that the PGR has already been careful to highlight in the complaint the acts as executors knowing that the discussion could surface.
For Yamin, the prosecutor’s play reveals that “clearly there was already a coup plan in execution” through the chronology of facts raised from documents produced by the accused themselves.
According to Maíra Fernandes, criminal lawyer and professor at FGV-Rio, Gonet maintains in the play that different “actions are part of an executory act to try to abolish the Democratic Rule of Law”.
The Attorney General underlies the thesis through documents dealing with a chain of events that relate to the group’s biggest goal of keeping Bolsonaro in power.
In this context, speech against the ballot box, the operation of the election day, the January 8 and the plan to kill authorities come to tow a plan already underway: to give a coup, fact not occurred due to resistance from part of the.
“The stable and permanent nature of the criminal organization is evident in its progressive and coordinated action, which began in July 2021 and extended until January 2023. The organization’s practices were characterized by a series of intentional acts ordered to the abolition of the Democratic rule of law and the deposition of the legitimately elected government, “Gonet points out in the play.
According to the PGR, “the complexity of institutional rupture required a more distended Iter criminis, which were incorporated narratives contrary to democratic institutions, the promotion of social instability and the instigation and commitment of violence against powers.”
Juliana Izar Segalla, PhD in Constitutional Law from PUC-SP and professor at UENP (State University of Northern Paraná), states that, when relying on a concatenated set of facts, the complaint points out that the attempted coup occurred even with the No execution of the plan to kill the authorities.
“It is understood that talking badly about the ballot box, for example, was already an executory act because it was already part of this attempt to abolish the democratic rule of law, and the mere fact of trying this is already a crime,” he says.
Some executory acts focused on the coup, according to PGR:
- Discredit of the electoral system in Lives, interviews and speeches
- UBIN Improper Use
- Attacks on STF and TSE ministers
- Federal Highway Police Action on Elections Day
- Institutional Order Breakfast Minutes
- Insurrection support from military authorities
- Plan to kill authorities
