The First Class of the Federal Supreme Court (STF) rejected, on Tuesday (25), the preliminaries raised by the defenses of the accused for involvement in the attempted coup d’état of 8 January 2023, including former President Jair Bolsonaro (PL) and other allies.
The analysis of these procedural issues was the first stage of the trial that will decide whether the accused will be formally made defendants, based on the evidence presented by the Attorney General’s Office (PGR).
Validation of Mauro Cid’s denunciation
A, former Jair Bolsonaro orders, has been one of the central pillars of investigations into the attempted coup. The defenses, however, question if the agreement was signed within the legality.
They argue that Cid was pressured by the Federal Police to report and that, because of this, their collaboration cannot be considered legitimate. The defense also questions the role of Minister Alexandre de Moraes, who, according to them, would have partially acted by conducting negotiations from the denunciation agreement.
During his statement, Cid revealed crucial details that imply Bolsonaro in a coup plot, especially regarding the elaboration of a draft decree to create a “state of defense” in the country, as an attempt to reverse the outcome of the elections.
Minister Alexandre de Moraes refuted these allegations, noting that, on several occasions, it was clear that Cid made his collaboration voluntarily.
The minister stressed that, despite the allegations of the defense, there was no irregularity in the denunciation process and that the lieutenant colonel collaborated with the investigations consciously and spontaneously.
Rapporteur also points out that Mauro Cid’s denunciation is only one of the evidence of the complaint, which is also paved by documents and other evidence that proves the coup plot.
Suspicions
The lawyers called for the suspicion of ministers Alexandre de Moraes, Flávio Dino and Cristiano Zanin, which would prevent them from participating in the vote. The requests were rejected by the STF plenary in an extraordinary session convened by the Presidency of the Court last week. The first class confirmed the decision on Tuesday. The ministers argued that the analysis of this point is overcome as the controversy was analyzed by the board.
The ministers Luiz Fux and Cármen Lúcia took the opportunity to make public praise to Alexandre de Moraes. Fux stated that the colleague cannot be removed from the process by “having acted with such exaction and competence.”
“The minister behaved exactly in the sense that it is the duty of every judge anywhere in the world: acting impartially to guarantee the rights of the parties,” added Cármen Lúcia.
STF Competence
The defenses of the accused also questioned the jurisdiction of the Supreme Court to process and judge the case. Lawyers claim that the accused no longer have a forum for a function prerogative and, therefore, the process should be processed in the first instance.
Minister Alexandre de Moraes, rapporteur of the case, recalled that the court reaffirmed his jurisdiction to prosecute and judge actions related to January 8, 2023, regardless of the accused’s forum.
“It is not something new. In 1,494 actions, the Federal Supreme Court reaffirmed its jurisdiction for all crimes related to January 8, 2023,” Moraes countered. “Treatment is equal to all accused, all accused. No different treatment is justified.”
In addition, on a trial completed on March 11, but which had been a majority formed since September 2024, the Supreme Ministers expanded the range of the privileged forum and expanded the Court’s competence to judge authorities and politicians. The Court has defined that, when it comes to functional crimes, the forum must be maintained even after the departure of office.
“The accused held positions that had a prerogative of forum. But there is no need to analyze this issue of order because in the cases referring to January 8, in 1,494 actions, we have already confirmed the competence of the class,” added Moraes.
Request for judgment in plenary
The accused also asked to be tried in the plenary of the Supreme Court and not in the first class. Since 2023, according to the Supreme Internal Regulations, criminal actions are judged in the classes to unburden the plenary and leave it free to decide on constitutional controversies.
Minister Luiz Fux was the only one who voted in favor of the transfer of the trial to the Supreme Plenary and was overcome. “This story is not that peaceful. This matter has been changed and removed and turned to the original thesis several times.” justified.
“I ask for all the views to maintain my consistency I expressed last week, I can’t change my mind from one week to another. And I want to make it clear that this position of several expired colleagues has not taken into consideration or process cover or name of anyone. This is a technical answer.”
Former President Jair Bolsonaro’s lawyers argue that the competence of the classes does not apply to presidents and, by extension, the former presidents, especially after the expansion of the forum beyond the end of the mandate.
Minister Alexandre de Moraes argued that this is an “exceptional” forecast applied exclusively to acting presidents because the eventual receipt of the complaint against the chief executive generates his removal from duties.
“This express provision that the competence is from the plenary for the Chief Executive is based on the existence of a differentiated constitutional legal regime to those who are exercising the head of state and government,” explained Moraes.
In addition, the defenses claimed that judgment in the first class would suppress the so -called “double degree of jurisdiction”, that is, the possibility of reviewing decisions by the full collegiate.
“The idea of the double degree of jurisdiction is that it allows a revision of a monocratic decision by a collegiate body. In the hypotheses of forum prerogative does not apply the double degree of jurisdiction because the agency is already collegiate. This is not only in Brazil,” said Alexandre de Moraes.
Request for judgment in plenary
With preliminaries away, the trial will continue in the coming days, with the first class analyzing whether there is “just cause” for the criminal action to go on. If the complaint is accepted, the process will start, including the statement of defendants and witnesses and the collection of more evidence. The case of 8 January will be analyzed by other nuclei, and the forecast is that a final sentence will be rendered by the end of 2025.
(With information from Agência Estado)
