The first class of the (Supreme Federal Court) the complaint filed by (Attorney General’s Office) against () and seven others, who, according to the accusation, would be the main core of a coup plot.
The analysis is to decide whether they saw defendants-continuing the process that can lead them to the conviction.
In 129 pages, it focuses on procedural issues such as evidence cancellations.
The last 30 pages are reserved for the merits of the complaint, that is, the elements by which Bolsonaro is effectively accused. At this point, the defense says it did not have and that, therefore, at this time, “it is impossible to enter the issue of merit.”
Presented the defenses of the complainant group, the Attorney General of the Republic, made a questioned.
See main points alleged by the defense of Bolsonaro and the answers of PGR.
FIRST CLASS X Plenary
What the defense says: states that the case should be tried. It points out as arguments the scope of the case, the involvement of a former president and former government ministers, in addition to the constitution and regiment of the Supreme Court.
PGR: It points out a change made by the Supreme Court in its regiment at the end of 2023, establishing that the classes that would be responsible for the judgment of criminal actions of competence of the Court. “The subjective perception of the accused about the relevance of imputation is not sufficient reason for overcoming the regimental norm,” said the attorney general, Paulo Gonet.
New rapporteur
What the defense says: It requests the application of the rules of the guarantee judge in the case and that the process is distributed to a new rapporteur, due to the active and proactive form of the process.
PGR: It says that in actions in which the Supreme Court recognized the constitutionality of the judge of guarantees excluded procedures that would be incompatible with the new system, including processes of jurisdiction of the Supreme Court and the Superior Court of Justice).
“Document dump”
What the defense says: That the prosecution would have used tactic called “document dump”, providing many documents to make it difficult to analyze the accused. And although the complaint would be disorganized, without bringing clear indications of the documents mentioned.
PGR: He says he indicated the source of all informative elements and classified the complaint of “document dump” as empty, claiming thematic and probative relevance of the elements. And that the volume is due to the complexity of the prosecution.
Access to the full test
What the defense says: Reiterates request for access to the full evidence, adding that their requests on this have received the answer that the defense already has “full access to the case.” It claims, however, that the case file would only bring a portion of the evidential elements, without indicating the content of all seized cell phones.
PGR: He says he asked for access to all relevant records, which would have been attended by the rapporteur, some of which were already public. However, it did not directly address the argument of the defense that not all evidence would be in the file.
Mauro Cid’s denunciation
What the defense says: Asks for the annulment of, arguing that he violated the terms of his agreement, lying and omitting information, and that it was not possible “the judge grant one”. They also question that Moraes asked CID questions to obtain evidence. And finally, they claim that the fact that the PGR requested the arrest of CID after identifying contradictions would have already removed the whistleblower character.
PGR: He says the agreed clauses “were approved in court and ratified after the employee’s additional clarifications and that he was always accompanied by his lawyers. In addition, it reiterates that the PGR manifested itself by maintaining the agreement, which was received in court and that there is no new fact that justifies the change of this understanding.
Nullity of evidence in other investigations
What the defense says: It calls for annulment of decisions and evidence arising from investigations that gave rise to the process of the coup plot. It is said that there was “Fishing Expedition”, producing various reports from content obtained in Mauro Cid cloud, with constant change in the object of investigations. It also states that in part of the procedure there was no follow -up of the PGR
PGR: He says the scammers’ investigation is the result of the same findings that led to other penal actions on January 8 and that in all of them the Supreme Court considered the investigations made legal. It points to the decision of the first class last year denying Moraes order reform request to prepare a report on ICD data. It also says that “the fortuitous encounter of evidence cannot be confused with abuse by police authorities or Fishing Expedition.”
What the defense says: It states that it brings it multiple narratives and would be contradictory to each other. It says that the events of 8 January “are not related to previous acts imputed” to Bolsonaro. It also states that there is no proof linking the former president to such acts and that he has not directed them, ordered them, or planned. It also says that Bolsonaro’s speeches and lives, as well as the content of meetings with military commanders and advisors, would not be “acts of execution.” That is, it argues that they could not be framed as a crime.
PGR: He argued that he has already positioned himself in the complaint about the imputed crimes and that in this phase prior to the receipt of the complaint would not be a manifestation on the theses of the defenses related to the merits, but only to preliminaries.
Judgment of the PGR complaint
What will be judged?
The first class of the Supreme Court will decide, from the 25th (Tuesday), if the complaint filed by the PGR (Attorney General of the Republic) against 8 of the 34 accused by a coup plot.
What are the crimes denounced?
Former President Jair Bolsonaro and seven other member of his government are 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.
Who are the others denounced?
Alexandre Ramagem (former Chief of Abin), Almir Garnier (former Navy Commander), Anderson Torres (former Minister of Justice), Augusto Heleno (GSI chief minister), Mauro Cid (former Bolsonaro orders), Paulo Sérgio Nogueira (former Army Commander and former Defense Minister) and former Defense Minister (former Minister of Defense) and the Civil House and Bolsonaro vice in 2022).
Who Will you judge?
The first class of the Supreme Court, composed by ministers Cristiano Zanin, Alexandre de Moraes, Flávio Dino, Luiz Fux and Cármen Lúcia.
What are the next stages?
If the complaint is accepted, the accused become defendants and respond to criminal proceedings in the Supreme Court that may result in conviction and prison.
