The first class of the Supreme Federal Court (STF) unanimously received a complaint against former President Jair Bolsonaro (PL) and seven other allies, accused of involvement in an attempted coup d’état aimed at preventing the inauguration of President Luiz Inácio Lula da Silva (PT).
The ministers accompanied the vote of rapporteur Alexandre de Moraes, the Court concluded that the Attorney General’s Office (PGR) presented sufficient evidence of materiality and authorship in the crimes imputed to the accused. According to the ministers, this evidence is sufficient to justify the opening of a criminal action against the accused.
During the second day of the trial, Moraes read excerpts from the complaint presented by the Attorney General’s Office (PGR), which describes the accused as members of the crucial core of a criminal organization.
The minister pointed out that the PGR, in his complaint, satisfactorily describes the criminal facts and explains the reasons why the accused were imputed. “The PGR satisfactorily describes typical facts, knowing the accused the reasons why they were imputed,” said Moraes.
In his vote, the rapporteur made a point of emphasizing that the current procedural moment is not exhausting cognition, that is, it is not about evaluating the acquittal or conviction of the accused, as this phase will occur after the procedural instruction.
“At this time, it should be verified if the complaint of the PGR brings the exposure of the criminal facts, the circumstances involved and the qualification of the accused,” he explained.
Minister Flávio Dino, on the other hand, vehemently refuted the Bolsonarist arguments trying to minimize events on January 8, claiming that there was no coup d’état because there were no deaths.
Dino recalled that the military coup of March 31, 1964 also did not result in immediate deaths, but triggered an exception government, with profound consequences for Brazil.
“This kind of reasoning is an aggression to families who have lost their loved ones in a moment of darkness in Brazil,” said Dino, noting that the attempt to coup need not necessarily result in deaths to be characterized as a crime.
For Fux, he stated that receiving the complaint at this preliminary phase is adequate to allow, after the opening of the criminal action, the ministers deepen the facts narrated by the Attorney General’s Office.
“It cannot be said that nothing has happened,” Fux said, highlighting the severity of the acts that occurred on January 8, 2023.
“It is absolutely impossible to assert this,” added the minister, reinforcing the need to proceed with the process for a detailed assessment of the evidence and actions of the accused.
In her vote, Minister Cármen Lúcia highlighted the “gravity” of events on January 8, when the buildings of the three powers in Brasilia were invaded by protesters. “We are passengers, we are fulfilling functions, but the Supreme is from Brazil. The plenary of the Supreme is from Brazil,” he said, reinforcing the impartial and sovereign character of the court.
The minister was also emphatic in refuting the idea that people who participated in the invasion were acting on their own. “None of those people who were there were, because alone, at home, they decided to walk on the sidewalk of Fort Apache. It was not that, and I think no one minimally intelligent thinks that,” said the minister, referring to the attacks that occurred on January 8.
The minister considered that it would be “premature not to receive” the complaint and stressed that the STF has already formed a majority to make Bolsonaro and the other seven reported defendants for coup attempted.
Cristiano Zanin also accompanied Alexandre de Moraes. Judgment ends in 5-0 to accept the complaint against Bolsonaro and 7 more allies for attempted coup.
