The 1st class of the Supreme Court unanimously decided to defend the former President Jair Bolsonaro (PL) and another 7 for attempted coup d’état
The 1st Panel of the Supreme Federal Court (STF) unanimously decided on Wednesday (26.Mar.Mar.2025) to accept the complaint of the PGR (Attorney General’s Office) against former President Jair Bolsonaro (PL) and 7 more allies, who became defendants for attempted coup.
The session of this Wednesday (26.mar) began by the vote of the rapporteur, Minister Alexandre de Moraes. For about 2 hours the magistrate explained in detail what evidence of materiality and authorship of the crime he considered to accept the complaint. Then, the ministers Flávio Dino, Luiz Fux, Cármen Lúcia and Cristiano Zanin voted.
Read the main points of each minister’s votes:
Alexandre de Moraes
Moraes vote noting that the PGR describes in detail the events that led to an attempt to coup. He explained that the receipt of the complaint depends on the existence of the materiality of the crimes and the evidence of authorship.
According to the minister, materiality has already been recognized by the STF in the convictions involving January 8. Stressed that of the 8 oral support presented on Tuesday (25.mar), 6 recognized “The gravity” and violence of undemocratic acts of 2023.
“It is essential to remember that it was not a simple act of demonstration, but a violent attempted democratic rupture. There was no ‘Sunday in the park’, as I highlighted in my first convictions. It was not a peaceful ride. None of the people present was there by chance.”he declared.
Said that collective memory tends to relativize the severity of some events and that fraudulent news collaborates to “Creating a narrative that old ladies with the Bible in hand were walking, and they went there to pass a lipstick on the statue”in reference to the case of the hairdresser Débora dos Santos. Then, to say that the action would be organized and violent.
The minister voted for the recognition of the complaint of all 8 accused. About Bolsonaro, specifically, he said that the former president knew and handled the draft of the coup (Federal Police) coup during investigations.
Flávio Dino
Minister Flávio Dino’s argument of Moraes about the violence and severity of the acts of 8 January, in which there was no “Walk in the park” of people with the “Bible in hand”. Thus, it ruled out the individualization of conduct.
“I, in fact, Minister Alexander, I imagine for my religious faith, that if the person passes in front of Brasilia Cathedral, in the most beautiful buildings of the world’s architecture and decides to pray, he will not pray in front of the National Congress. She enters the Cathedral and there she prays, now, God is omniscient, omnipotent, is everywhere. So it matters little whether or not the person had a firearm or a white weapon.these.
About the seriousness of an attempted coup, pointed out that even if no one died in the 1964 military coup, “Thousands” They died later. Remembered the movie “I’m still here”Oscar winner for best international film, which portrays the murders and disappearances during the regime.
“On April 1, 64 no one died either. But hundreds and thousands died later. Stop of state kills. It doesn’t matter if this happens the day, the next month or a few years later.”he declared.
In the end, he joked that he converged as much with Minister Alexandre de Moraes about receiving the complaint, and was convergent “Pain of Brazilians with yesterday’s defeat to Argentina”.
Luiz Fux
Fux’s vote formed the majority to make the defendants defendants. Despite following the rapporteur for receiving the complaint, the minister.
He said he had the impression that the criminal type-a coup d’état-will be contested by the defenses and opened a discussion about the choice of PGR, due to the lack of verification of technical-scientific antecedents. Stated, however, that the simple attempt already “Skulls” The Federal Constitution.
He also questioned the dosimetry of the penalties for some of the January 8 invaders. He used the moment for his (more time for analysis) in the trial that could condemn the hairdresser Débora dos Santos to 14 years in prison. She participated in the acts of 2023 and became known for peeling the statue “of justice” at the STF.
Cármen Lúcia
Like Moraes and Dino, he spoke about the attempt to relativize crimes against democracy. Said that the attempted blow is a fact and that if it had been consummated, “We wouldn’t be here”.
He also stated that the facts that culminated on January 8 to reach “Machine that tried to dismantle democracy.” Denied there “Coincidences” at the time, and “one disappeared, the other traveled, the other was sleeping and did not attend the STF president, [ministra Rosa Weber]which insistently called, wanting more security for the building ”.
It was incisive in criticism of authoritarian regimes and even greater severity than the facts could have taken: “Dictatorship kills. Dictatorship lives from death, not only of society and democracy, but of human beings of flesh and bone, who are tortured, mutilated and murdered every time they contradict the interest of the one who holds power”.
Cristiano Zanin
The president of the 1st class, Cristiano Zanin, was the opening of the criminal action. The minister stated that there are videos, documents and various materials that support the accusation and that the complaint “It is far away” of being based exclusively on an award-winning denunciation, as the defenses of some of the accused indicated, in reference to the testimonials of the former Bolsonaro orders, Mauro Cid.
Also defended the defendants’ involvement in the acts of January 8, 2023. According to Zanin, “It is no use saying that the person was not on January 8 if he participated in a series of acts that culminated in undemocratic acts.”.
