The Attorney General, Paulo Gonet, spoke out against the removal of the Ministers of the Supreme Court (STF) Cristiano Zanin and Flávio Dino of the trial on the fate of former President Jair Bolsonaro (PL). Both were nominated for the Supreme Court by President Luiz Inacio Lula da Silva (PT).
In opinions sent on Friday, 14, Gonet stated that the accusations of the former president’s defense of an alleged “bias” of ministers do not dialogue with the Code of Civil Procedure (CPC) and the Code of Criminal Procedure (CPP).
Bolsonaro’s request for Dino and Zanin to be considered suspects Minister Luis Roberto Barroso. On the 10th, the former president’s defense appealed, but, according to Gonet, there was no “reasons” capable of changing the minister’s understanding.
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“The factual and legal situation that authorized the denial of follow-up to the impediment argument remains unchanged, and there is no new basis for modifying the understanding already established by the eminent Minister President in the decision of 28.2.2025,” Gonet said in the demonstrations.
With the opinions of Gonet, the STF will now have to decide whether or not the appeal made by Bolsonaro. The former president must be tried by the first class of the Court for five crimes listed by the attempted coup d’état after the 2022 elections. The defense strategy is to take Dino and Zanin, who belong to the board, so the agenda go to the court plenary for lack of quorum.
The former president’s defense called for Dino and Zanin’s suspicion based on criminal news against Bolsonaro filed by the ministers before taking over the STF chairs.
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Before taking the place in court, when he was a lawyer, Zanin subscribed to the PT a criminal news against Bolsonaro for attacks on the institutions. One of the crimes attributed to the former president in the representation was precisely that of attempted violent abolition of the democratic rule of law, a typification in the complaint of the coup inquiry.
Regarding Flávio Dino, the lawyers mention a criminal complaint on charges of slander, injury and defamation, driven by the minister when he was governor of Maranhão.
In May 2024, Zanin declared himself prevented to judge his former president’s appeal against the conviction that made him ineligible. Bolsonaro’s defense claimed that he should not participate in the coup plan judgment because the cases would have a relationship.
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In the decision of the 28th, Barroso stated that the former president’s allegations “are not subject to framing in any of the hypotheses exhaustively” provided for in the legislation for the impediment of magistrates.
“It is not allowed: (i) the creation of an impediment situation that was not expressly mentioned in the legal text; or (ii) the extensive interpretation of their provisions, to contemplate situations not foreseen by the legislator, ”wrote Barroso.
On Thursday, 13, one day before the demonstrations of the Attorney General’s Office (PGR), Minister Alexandre de Moraes of the Supreme Court (STF) released the complaint of the inquiry of the coup attempt, which occurred at the end of 2022, for trial in the first class. Zanin, who chairs the collegiate, marked the date of analysis for March 25.
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In the complaint, Gonet concluded that Bolsonaro not only was aware of the coup plan but led the articulations to give a coup. If convicted, the former president could take more than 43 years in prison. The crimes attributed to the retired captain are:
- attempted violent abolition of the Democratic Rule of Law (penalty of 4 to 8 years);
- coup d’etat (penalty of 4 to 12 years);
- Armed criminal organization (a penalty of 3 to 8 years that can be increased to 17 years with aggravating release in the complaint);
- Damage qualified by violence and serious threat, against the union’s assets, and with considerable damage to the victim (penalty of 6 months to 3 years);
- DECLARED OF HERITAGE (1 to 3 YEARS).
In addition to Bolsonaro, another 33 people were denounced by PGR in February, as part of the coup inquiry. Of the total, 24 are part of the Armed Forces.
