Analysis of PGR complaint receipt against the former president and 7 other people for attempted coup d’état in 2022 starts this 3rd fair
The former president (PL) may become this defendant week for attempted coup d’état in 2022 to prevent the inauguration of (PT). The trial in the 1st Panel of the (Supreme Federal Court) of the receipt of the PGR (Attorney General’s Office) against him will begin this Thursday (25.mar.2025), at 9:30 am. If the complaint is accepted, a criminal action begins.
The analysis will be made by the 5 ministers of the collegiate: Cristiano Zanin, Cármen Lúcia, Luiz Fux, Alexandre de Moraes and Flávio Dino. They will analyze the preliminary arguments of the defenses to decide whether there is evidence of crime to justify the beginning of a criminal action against Bolsonaro and 7 others.
They are:
- (PL), former President of the Republic;
- (PL-RJ), former director general of ABIN (Brazilian Intelligence Agency) and federal deputy;
- Almir Garnier, former Navy Commander;
- Anderson Torres, former Minister of Justice;
- Augusto Heleno, former minister of GSI (Institutional Security Office);
- Mauro Cid, former Bolsonaro orders of orders;
- Paulo Sérgio Nogueira, former Minister of Defense;
- former minister of the Civil House and candidate for vice president in 2022.
Step by step
President of the 1st Class, Zanin 3 Extraordinary Sessions to consider the complaint: two this Thursday (25.mar), 9h30 and 14h, and another on Wednesday (26.mar), at 9:30 am.
The judgment the rite established by the Supreme.
Here’s how it will be:
- Zanin opens the session;
- Moraes reads the case report;
- Gonet will have 30 minutes to take the arguments of the prosecution. Gonet’s presence is more common in judgments that take place in the court plenary. In classes, he usually indicates a general deputy attorney for the function. This time, however, it decided to make the oral support in person;
- The lawyers of the accused will have 15 minutes to expose their prior arguments about the case. In all, 8 lawyers will speak in order defined by Zanin. They must repeat the requests already made in the demonstrations filed in the action, such as the request for assessment by the plenary of the Supreme Court, the questioning of the competence of the Court to judge the action, the request to annul Mauro Cid’s denunciation and the defense curtailment argument;
- Moraes begins to read his vote on preliminary issues;
- The other ministers should do the same on Wednesday (26.mar), following the order: Flávio Dino, Luiz Fux, Cármen Lúcia and Cristiano Zanin.
Moraes should still vote for the merits of the complaint, that is, whether or not accepted PGR’s arguments on crimes and begins the criminal action. Then the ministers vote in the same established order.
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What happens
At this stage of the process, the Supreme will have to hear the witnesses indicated by the defenses of all defendants and conduct their own investigation. The parties may request the production of new evidence before the trial of the crimes.
Then the Court departs for the final allegations, when it should ask the PGR to comment on the acquittal or conviction of the accused.
The trial refers only to the 1st of the 4 accused groups. It is the central core of the criminal organization, of which, according to investigations, the main decisions and social impact actions came.
The process will be repeated for each group reported, which already has the dates scheduled to be analyzed. They are:
What are the crimes
In February, the Attorney General of the Republic, denounced Bolsonaro and 33 more people involved in the inquiry that investigates an attempt to coup after the 2022 elections.
Read below the penalty determined for each crime to which they respond:
- violent abolition of the democratic rule of law – 4 to 8 years in prison;
- coup d’etat – 4 to 12 years in prison;
- armed criminal organization – 3 to 17 years;
- Qualified damage against Union’s heritage – 6 months to 3 years;
- DECLARED OF HERITAGE – 1 to 3 years.
The penalties for criminal organization leaders increase when a firearm is used. Bolsonaro was appointed by Gonet as the leader of the group who planned the coup.
Understand the complaint
The accusations are based on a PF (Federal Police) investigation that lasted almost 2 years.
The documents were obtained from breaks of telematic, telephone, banking and fiscal secrecy, as well as award -winning collaborations, searches and seizures. Among them, former Bolsonaro orders, Major Rafael Oliveira, and General Mário Fernandes, who worked at the General Secretariat of the Presidency.
In a report in November 2024, the corporation detailed planned from Bolsonaro government members to murder Lula and the elected vice president (PSB) before inauguration in 2023. Moraes, then president of (Superior Electoral Court), was also the target of the plans.
The report shows conversations between Bolsonaro government members, shared documents on how to execute the murders, containing the itinerary, monitoring of authorities and.
It also reports that the members presented the plans and tried to convince the chiefs of the Armed Forces to join the coup. It also shows the intention to create a transition group after death to consolidate the coup, under the command of Braga Netto and Augusto Heleno.
The PF claims to have identified evidence that proves that Bolsonaro “Planned, acted and had directly and effective dominion” of the plans. The former president would have full knowledge of the plan, as well as clandestine actions practiced under the code name 2022.
Bolsonaro would also be involved in actions to publicize false information about the electoral system, try to convince the armed forces to join the coup and participate in the elaboration of to effect the coup.
1st Class x Plenary
By the Court’s bylaws, criminal actions that begin directly from the Supreme Court, without going through other instances, are the responsibility of the classes.
This understanding is the result of a change of 2023, proposed by the president of the Supreme, Minister Roberto Barroso. Rather, the competence was from the plenary.
At the time, Barroso considered that the amount of processes originated by the January 8 attacks would overload the plenary.
The transfer to the classes would aim to make the distribution of criminal proceedings more efficient, with faster results. The case is in the 1st class, because Moraes, who is part of the board, is the rapporteur of the action.
The defenses made preliminary requests for the process to be taken to the court plenary, where the 11 ministers could judge the case. The PGR refused the requests, but the argument should appear in the oral support of the lawyers in the trial of this 3rd (25.mar).
SAFETY AND LIVE TRANSMISSION
The Supreme Court a special security scheme for sessions, with access control, environmental monitoring and even escape plans.
Federal and Federal District agents, as well as the Judicial Police, responsible for the security of courts and ministers, were summoned to reinforce the team on the day.
The deliberations will be broadcast live by (TV E).
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