An eventual request for a view of any minister of the First Class of (Supreme Federal Court) in the trial of the coup plot could drag the house arrest of () for a few months and delay potential for the closed regime, but would not bring significant changes in the legal situation of the former president, according to experts heard Sheet.
They evaluate the request for a view as an appeal that in themselves would not mean an advantage or disadvantage for the defendant, although there are political impacts.
The lawsuit in which Bolsonaro and seven other defendants are accused of attempted coup d’état in 2022 had the defenses on Wednesday (13), and the date of the trial will still be set-probably for September.
The request for a view is triggered by the judge when he wants more time to analyze a case. The instrument has already been used inadequately to delay legal proceedings, as there was no deadline for this type of postponement.
Since 2022, however, the minister of what to ask for a view of the case has been up to 90 days to present them in order to proceed with the vote. According to the Court’s Internal Regulations, the count occurs from the date of publication of the judgment minutes.
The deadline is suspended during recess and vacation. In addition, it may be extended for an equal period “by expressing the Minister Visor to the President of the respective Board,” the text points out.
In the criminal action in the STF that investigates the defendants lawyers, they raised the possibility of one of the five ministers of the first class. If convicted, Bolsonaro can take more than 40 years in prison and increase ineligibility, which currently runs until 2030.
Fux is the magistrate who has been mostly destroyed from the rapporteur of criminal action, the minister. He said that the ban on the use of social networks to the politician confronts freedom of expression and has questioned topics such as the reliability of Mauro Cid’s denunciation. Interlocutors of the minister, however, claim that he has no intention of interrupting the trial.
The case is judged by the first class, composed of, and, in addition to Moraes and Fux.
Aury Lopes Júnior, PhD in Criminal Procedural Law and Professor at PUC-RS, explains that the order of votes at the trial should start with the rapporteur, to follow the younger ministers at the Court and end with Zanin, since he is the president of the class.
Therefore, Fux must be the third of the ministers to speak, preceded by Moraes and Dino. If you ask View, Carmen and Zanin can advance the vote, forming a majority for potential conviction.
“Rigor the trial does not close [com o pedido de vista]but one creates an embarrassment that is everyone already knows that, by majority, it has decided to convict and that, regardless of Fux to say yes or not, the case is already decided. This generates embarrassment, but it’s just a symbolic matter. “
The expert understands that a request for a view could drag the process for February or March 2026, delaying potential penalty in closed regime in a few months, which would give time to the former president.
Thiago Bottino, a professor at FGV Law Rio, considers that a request for a view could extend the current precautionary measures applied to the former president, although they can be revoked at any time if justice understands that there is no reason to justify them.
Bolsonaro put an electronic anklet and was forbidden to wear social networks, among other measures. On August 4 ,.
The precautions were the result of one that investigates the performance of the former president and federal deputy Eduardo Bolsonaro (PL-SP), one of his children, to coercive authorities involved in the criminal plot’s criminal action.
“The request for view delays the trial. If it is condemnatory, it delayed the execution of the penalty. If it is absolute, it delayed the end of all these precautionary processes and measures linked to them,” says Bottino.
Telma Rocha Lisowski, Professor of Constitutional Law at Mackenzie Alphaville University, states that a request for a view is not in itself, from the legal point of view, favorable or unfavorable to the defendant.
She recalls that a minister asks for a view also does not mean that he will necessarily vote different from the rapporteur. The most significant impact, he says, would probably be in the political sphere, where the request can be used to foster narratives with supporters.
Another potential impact for Bolsonaro would involve an eligibility window, but the scenario is considered quite remote.
This could happen because new ineligibility coming from this criminal action would come after the collegiate conviction, which may delay in months if there is a request for a view.
If, concomitantly, the current ineligibility would fall due to resources, then the former president could be eligible for a period.
Currently, the two convictions in the TSE that led to ineligibility by 2030 have an interlocutory appeal – a type of legal appeal – to be tried in the Supreme Court.
A reversal of ineligibility through these resources is possible legally but unlikely, says Alberto Rollo, a lawyer specializing in electoral law.
“It is not likely because the jurisprudence of the Supreme Court does not accept the revision of the facts that have already been judged by the TSE, will only discuss legal matters,” he says.
To run in the 2026 elections, the candidate for president must be eligible until the election day, even if the registration was previously rejected and the situation then reversed by appeal.
The candidate who was eligible on the day he won the election, but was ineligible later, leaves office as soon as the conviction is res judicata, and a new election is scheduled.
If ineligibility occurs before the second round, the third place is called, says Rollo.
