The defenses of the former president Jair Bolsonaro (PL) and seven other defendants of the “core 1” of the coup plan process presented the final allegations to STF (Federal Supreme Court). Now the criminal action enters the final phase and the judgment of the accused is approaching.
The final allegations documents bring together theses of the lawyers, based on testimonials of witnesses, defendants and evidence gathered during the criminal instruction phase.
With the final allegations presented by PGR (Attorney General’s Office)the whistleblower, lieutenant colonel Mauro CidBolsonaro and the other defendants of the crucial core, the rapporteur minister, Alexandre de Moraesmay prepare the report and the vote of the case and release for trial.
Although there is no time limitation for the minister to prepare the report and the vote, Moraes is expected to release the case by September. When it spoke at the opening of the second semester of the judiciary ,.
The criminal action involving Bolsonaro is in the first class of the Supreme Court, presided by Minister Cristiano Zanin. He is responsible for putting on the agenda the articles in the collegiate. However, the case is only based on the rapporteur’s release.
The case can be tried in physical or virtual plenary – the latter is the most unlikely situation.
Judgment
Conviction or acquittal. These are the two possible results when the defendants are judged by the Plenary of the First Class.
For this, already in a trial session, Alexandre de Mores will read the final report of the process. In this document must contain all steps of the process involving the defendants.
After that, the Attorney General of the Republic, Paulo Gonet, or some representative of the prosecution, will support oral for up to an hour. For having more than one defendant in the action, Zanin may or may not give in to the prosecution more time.
Then the defendants’ lawyers present their defenses. Since Mauro Cid is the whistleblower in the process, his lawyers should start with support, with an hour.
Following the manifestation of Cid’s advocates, the lawyers of the other defendants will make the defenses of their clients, in alphabetical order of the accused.
Only after all the manifestations, the rapporteur presents his vote and asks for the conviction or acquittal of the defendants individually. The minister must propose a penalty for each of them.
Following are the other ministers, in increasing order of seniority in court: Flávio Dino, Luiz Fux, Cármen Lúcia and Zanin (the president always votes last).
The final decision, for conviction or acquittal, is given by the position of most ministers. That is, only three votes can define the result.
Final Defendants
This Wednesday (13), the seven defendants of Nucleus 1 presented their final allegations to the Supreme. All denied the crimes and asked for acquittal.
A, recognition of defense curtailment and, if convicted, has removed the aggravating in the crimes.
In a 197-page document, lawyers claimed that the former president ordered the transition from government. Bolsonaro has been fulfilled house arrest since August 4, for obstruction of justice.
In the case of Braga Netto, who has been pre -tried in Rio de Janeiro since last year ,.
They also request the suspicion of Moraes and the annulment of the criminal action, claiming that it is based on the denunciation of Lieutenant Colonel Mauro Cid, which has several flaws.
Former Minister of Justice and former Secretary of Public Security, Anderson Torres. The defense also justified that the country’s legislation does not provide for “self -ogolpe” and that the accusations should not be in force.
The defense of General Augusto Heleno asked him to be acquitted in the coup plot process. But if it is condemned ,.
While the lawyers of the former defense minister, General Paulo Sérgio Nogueira, used Mauro Cid’s statements to justify that he did not guide Bolsonaro for an attempt to blow. .
In the allegations of the federal deputy and former director general of ABIN (Brazilian Intelligence Agency), Alexandre Ramagem (PL-RJ),.
“In none of the episodes described in 2022 there is even a mention of the name of Alexandre Ramagem Rodrigues,” said the lawyers.
Last to submit the final allegations, winning the deadline of 11:59 pm on Wednesday, the defense of Admiral Almir Garnier, former Navy Commander ,.
According to the defense, there is fragility in the evidence presented by the accusation to link Garnier to the acts of 8 January, the absence of causal link and the atypicality of the conduct imputed to him.
Prior to the presentation of the final allegations of the seven defendants, the PGR had already submitted its demonstration and called for the conviction of all, including the whistleblower. In turn, Cid’s lawyers submitted the defense following and claimed “disloyalty” from the prosecutor and also asked the lieutenant colonel not to be convicted.
