The (Supreme Federal Court), the former president () and seven other accused on Wednesday (26) after the conclusion of the trial of the coup plot complaint in the first class of the Court.
The five ministers of the collegiate decided on the admissibility of the accusations made by (Attorney General’s Office), as the rapporteur of the case requested ,. The magistrate argued that there was materiality and reasonable evidence that Bolsonaro led efforts to avoid possession of () in 2022.
Nevertheless, it expressed divergence with the court colleague even voting for the receipt of the complaint. He says he will propose a revision of the penalties of the sentences of the convicts and also opined for the analysis of the criminal action in the plenary, with all 11 ministers.
Understand the trial and learn what are the next steps of the lawsuit against Bolsonaro in the STF:
Judgment
The first day of analysis of the case was dedicated to the oral support of the parts (30 minutes for the PGR and two hours for the defenses) and the discussion of theses about the progress of the process raised by the lawyers.
All the points presented were denied: the main ones were the annulment of the award-winning collaboration agreement of Lieutenant Colonel Mauro Cid, the statement of incompetence of the first class to judge the case, with redirecting to the plenary.
The second day was the merits of the accusations, that is, if there was sufficient evidence to make the accused defendants or not. The ministers assess whether there was a minimal evidence of the participation of the accused that is sufficient to open a process.
Admissibility of the complaint
The court magistrates accompanied Moraes, who understood to see materiality and reasonable evidence in the accusation.
The minister argues that the complaint narrates the coordination, by Bolsonaro, of government members to build a narrative of misinformation and aggressiveness against the institutions. He also understood that the former president was aware of the so-called “draft of the coup.”
In addition to Bolsonaro, they will be made defendants (Federal Deputy and former Chief of Abin) (former Navy Commander) (former Justice Minister) (former GSI minister), (former Bolsonaro orders) (former Defense Minister) and (former Minister of Defense).
Fux Divergences
Although the decision on the case was unanimously made, Luiz Fux filed some disagreements regarding the penalties of the sentences of the January 8 and the analysis of the complaint by the court plenary.
He said it was necessary to practice the “exercise of judicial humility” and said that the cases of the coup attacks have been tried with “violent emotion.” Citing the case of Débora Rodrigues dos Santos, who used a lipstick to write “lost, Mané” in the statue of justice, he defended the sentence review of the accused.
Regarding the possibility of the first class judging the coup plot, Fux was the only one to disagree and ask the case to be taken to the plenary. When the Supreme Court decided, in 2023, to leave criminal actions with the classes, he had already shown reluctantly with this proposal.
Mauro Cid’s denunciation
Another point of disagreement among the ministers involved the maintenance of Cid’s award-winning denunciation agreement, former Bolsonaro orders.
Fux, and gave evidence that the denunciation can be reevaluated before the military’s will in testimonials. “This is not the proper moment, but I see with a lot of reserve nine allegations of the same collaborator, every hour with a novelty,” said Fux.
Next Steps
With the complaint considered admissible by the Court, the progress of the criminal proceedings itself begins-before, there was only the investigation phase, carried out by PGR and the.
The first stage is the instruction, when more evidence and new testimonials are collected, nominated by both prosecution and defense, they are performed. Then the first class of the Court will decide on conviction or acquittal. This should happen by the end of this year to prevent the decision from taking place in an election year.
In the end, the parties may submit resources to the decision. The penalties planned for Bolsonaro reach over 40 years in prison.
This would make it even more difficult for the former president’s electoral situation, which is already ineligible by 2030 by decision of the (Superior Electoral Court) for electoral use of the September 7 parade and to spread lies about the electronic ballot box in a meeting with ambassadors.
What did Bolsonaro said
The former president, who accompanied the first day of trial in the front row of the session, wrote on a social network that there is a “procedural theater”.
“To judge for what we read in the press, we are facing a date, target, and a result defined beforehand. Something that would be a procedural theater disguised as justice – not a criminal process, but a power project that aims to interfere with the country’s political and electoral dynamics.”
