The First Class of the Supreme Federal Court (STF) begins, next Wednesday (25), the trial that will decide whether or not to accept the complaint of the Attorney General’s Office (PGR) against former President Jair Bolsonaro (PL) for alleged attempt to coup after the 2022 elections.
The complaint points to five crimes attributed to Bolsonaro, all related to a plan to prevent the inauguration of Luiz Inácio Lula da Silva (PT), winner of the election. If the Supreme Court accepts the prosecution, a criminal action will be opened, and the accused will become defendants in the process.
The former president is accused of the following crimes:
In addition to Bolsonaro, the ministers will judge seven other people for the same crimes, which are:
- Alexandre Ramagem, former director general of ABIN;
- Almir Garnier, former commander of the Brazilian Navy;
- Anderson Torres, former Minister of Justice and former Secretary of Public Security of the Federal District;
- Augusto Heleno, former Minister of the Institutional Security Office (GSI);
- Mauro Cid, Army Lieutenant Colonel and former Bolsonaro orders;
- Paulo Sérgio Nogueira, former Minister of Defense;
- Walter Braga Netto, former Minister of the Civil House.
Armed criminal organization
In the complaint filed by the PGR, the former president was charged with the crime of “leading armed criminal organization.”
According to Brazilian law, this crime is configured when four or more people are associated, in a structured way and with division of tasks, for the practice of criminal offenses.
According to the complaint of the Attorney General, Paulo Gonet, highlights that Brazilian law provides to worsen the penalty if in the performance of the criminal organization there is the use of firearms and if the individual performs command function in the organization.
The PGR points out that the accused’s coup plan involved the use of weapons to kill Minister Alexandre de Moraes.
“The plan unfolded in thorough activities, exquisite in its pernicious virtualities. It had in the Supreme Court the target to be” neutralized. “He considered the use of war weapons against Minister Alexandre de Moraes and the death of Luiz Inacio Lula da Silva,” says the complaint.
Those who integrate, finance or promote a criminal organization are subject to the penalty of imprisonment of 3 to 8 years, as well as a fine.
Violent abolition of the democratic state and coup d’état
The complaint maintains that the group tried to suppress the democratic regime and dismiss the elected government through violence and serious threat. Both crimes are in a law that punishes attacks against democracy and was sanctioned by Bolsonaro himself in 2021, during his term at the head of the Presidency of the Republic.
The project was approved by the Congress and revoked the National Security Act (LSN), remaining of the military dictatorship, to include in the Penal Code new types of illicit acts aimed at the protection of the Democratic Rule of Law.
Among the crimes provided for in the law are:
- Violent abolition of the Democratic Rule of Law: attempt to suppress the democratic regime through violence or serious threat. Penalty of 4 to 8 years in prison.
- coup d’état: attempt to dismiss a legitimately constituted government through violence or serious threat. Penalty of 4 to 12 years in prison.
Damage against the union’s heritage
PGR’s complaint also relates the former president to attacks on January 8, 2023 against the headquarters of the three powers of the Republic. At the time, thousands of people broke into and depredated the Planalto Palace, Congress and the Federal Supreme Court.
“The episode was promoted and facilitated by the reported organization, which, however, should be held responsible for promoting attentive acts to the democratic order, with a view to breaking the constitutional order, preventing the functioning of powers, in rebellion against the rule of democratic law,” says the complaint of the Attorney General, Paulo Gonet.
Also according to the complaint, the depredation and destruction of the buildings would have generated estimated losses of more than $ 20 million.
The crime of damage to public property occurs when someone destroys, disable or deteriorates goods and services belonging to the State. The penalty expected for this crime is a detention of six months to three years, as well as a fine.
DECLARED OF HERITAGE
For the crime of deterioration of listed assets, the PGR complaint follows the same logic as the previous one, to relate Bolsonaro to the attacks of January 8.
Even without direct participation in the acts of vandalism, PGR maintains that Bolsonaro must be held responsible for encouraging camps in front of barracks and not acting to demobilize protesters.
The complaint points out that Bolsonaro and allies kept in touch with the camps and reinforced the coup narrative, which would have contributed to the radicalization of the acts of 8 January.
“The tragic result of the events of January 8, whose scammer has already been seated by the Federal Supreme Court, therefore cannot be dissociated from the intentional omissions of these denounced characters,” complements the complaint.
The crime of deterioration of overturned equity is provided for in Law no. 9,605, 1998, with a penalty of imprisonment, from 1 to 3 years, and fine.
