Reported by the Attorney General’s Office (PGR), former President Jair Bolsonaro (PL) is among the eight people who will be the first judged by the Supreme Court (STF) on Tuesday (25), as part of an investigation into an alleged scammer.
In all, 34 people were reported by crimes on charges of stimulating and performing acts against the three powers and the Democratic Rule of Law.
In the complaint, the Attorney General, Paulo Gonet, accuses the former president of the following crimes:
- Armed criminal organization;
- attempted violent abolition of the Democratic Rule of Law;
- coup d’etat;
- Damage qualified by violence and serious threat against the union’s assets, and with considerable damage to the victim;
- and deterioration of listed heritage.
Find out what is the crime of coup d’état
The Brazilian Penal Code defines as a crime of coup d’état the act of “trying to testify, through violence or serious threat, the legitimately constituted government” (art. 359-M).
The penalty, according to the law, can be from four to 12 years, in addition to the punishment corresponding to violence.
According to the Union Advocacy Democracy Observatory (AGU), planning acts or preparatory to a coup d’état also configures criminal acts, according to Brazilian law.
“The attempted coup d’état is, therefore, considered a criminal act in itself. The constitution of a network of articulation, conducting written plans, monitoring steps and operational projections represents the beginning and development of criminal execution itself, which greatly exceeds the limits of a mere abstract cogitation,” says the AGU technical note.
Violent abolition of the democratic rule of law
According to the Penal Code, the crime of violent abolition of the Democratic Rule of Law is configured by the act of “trying, with the use of violence or serious threat, to abolish the Democratic Rule of Law, preventing or restricting the exercise of constitutional powers”.
The penalty may be four to eight years, in addition to the punishment corresponding to violence, according to the legislation.
Judgment
The Supreme will decide, on Tuesday (25) and Wednesday (26), if the complaint of PGR and becomes defendants Jair Bolsonaro and
In addition to the former president, they will be tried tomorrow:
- Alexandre Ramagemformer director general of ABIN;
- Almir Garnierformer commander of the Brazilian Navy;
- Anderson Torresformer Minister of Justice and former Secretary of Public Security of the Federal District;
- Augusto Helenoformer Minister of the Institutional Security Office (GSI);
- Mauro CidArmy Lieutenant Colonel and former Bolsonaro orders;
- Paulo Sérgio Nogueiraformer defense minister;
- Walter Braga Nettoformer minister of the Civil House.
