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The Attorney General’s Office is expected to deliver, by Monday (14), the so-called final allegations in the criminal action against the “crucial core” of the criminal organization that acted in the attempt of coup d’état in 2022.
PGR presents this Monday to the STF Final Allegations in action against Bolsonaro and seven defendants. Photo: Reproduction
The case has former President Jair Bolsonaro as one of the defendants. The document summarizes the process and brings the position of the Federal Prosecutor. After this stage, deadlines will be opened for the eight defendants in the process to present their understandings.
At the end of June, Minister Alexandre de Moraes ordered the opening of a deadline for the presentation of the documents. The final allegations phase is the last step before the trial that will decide whether the group must be accused or acquitted.
The lawsuit investigates the conduct of eight accused-among them, former President Jair Bolsonaro.
Compose this core, besides Bolsonaro:
- Alexandre Ramagem, former director of ABIN;
- Almir Garnier, former Navy Commander;
- Anderson Torres, former Minister of Justice;
- Augusto Heleno, former GSI minister;
- Mauro Cid, former Presidential Orders;
- Paulo Sérgio Nogueira, former Minister of Defense;
- Walter Souza Braga Netto, former Bolsonaro Civil House Minister.
They respond for five crimes:
- attempted violent abolition of the Democratic Rule of Law;
- attempted coup d’etat;
- participation in armed criminal organization;
- Qualified damage; and
- deterioration of listed assets.
The final allegations are the last opportunity before the trial for prosecution and the defense to present arguments, analyze evidence and facts presented during the procedural instruction.
The parties deliver to the Supreme their information in writing in memorials. In the documents, they summarize the progress of the process and reinforce their arguments for acquittal or condemnation, based on the evidence that was produced during the processing of the action.
These are the last considerations before the trial. The documents are analyzed by the ministers of the First Class. However, they are not pronouncements that must be followed: Ministers evaluate the case independently, enjoying the evidence produced in the process as a whole.
The deadline is 15 days and is counted successively: it started with the Attorney General’s Office.
Following, the defense of Lieutenant Colonel Mauro Cid will have another 15 days to speak (because he has closed collaboration agreement under the case, he must submit his allegations before the other defendants). Then the defenses of the other accused will have a joint period of 15 days.
As there is arrested defendant – General Braga Netto – the deadlines even run during the recess of the judiciary, from July 2 to 31.
Jair Bolsonaro gives testimony at the Supreme Court – Photo: Antonio Augusto/STF
The complaint of the Attorney General’s Office against the “crucial core” was presented in February this year.
In March, in admitting the prosecution, the first class of the Supreme Federal Court allowed the opening of the criminal action against the group.
The process went through the instructional phase – collection of evidence and testimonials in April, May and June. Acemptive diligence were also made.
After the deadlines for allegations, the action will be able to be taken to trial in the first class of the Court, still being scheduled in the second semester.
This deliberation will define whether the group will be convicted or acquitted.
The board judges by majority, analyzing the situation of each accused. You can follow two paths:
- acquittal, if the ministers understand that there was no crime or the group is not the author, for example; In this case, the process is filed and there is no punishment.
- Condemnation, if the magistrates conclude that the group committed the crimes pointed out by PGR; In this case, they present proposals for calculation of the penalty, from each individual situation.
In both circumstances, accusation and defenses may appeal the decision to the Supreme Court itself.
