The president of the first class of the (Supreme Federal Court), minister, marked for the day of the central core of the coup plot. The class ministers are expected to discuss the merits of the charges in the second week of trial.
The former president (), who is under house arrest, and seven others are defendants on charges of crimes against democracy.
Sessions were scheduled for the 2, 3, 9, 10 and 12 September. The trial begins with the reading of the minister’s report-it is obtained that the reading and oral support of the PGR (Attorney General’s Office) and the defenses of the accused occupy the first two days of the trial.
This is because the Moraes report must be extensive and detail all phases of the process, with the arguments of the PGR to accuse the defendants and the defense to acquit them.
Then the prosecution and defense lawyers will have 1 hour each for oral support -a trial that can last about 9 hours
Moraes will only present his final vote after the speech of each part of the process. He must bring his conclusions for the condemnation or acquittal of each of the defendants separately.
The trial dates were defined on Friday (15) after Moraes reported to Zanin that he is ready to bring the scammer process to the trial.
The trial calendar provides for sessions at different times depending on the day:
In addition to Bolsonaro, the former Navy commander Almir Garnier, the former Justice Minister, the former chief, Lieutenant Colonel, former Defense Minister Paulo Sérgio Nogueira and former Chief of the Civil House.
The Federal Deputy (PL-RJ) is also part of the group, but the case against him was partially paralyzed by determination of the Chamber.
The eight defendants were accused by the crimes of coup, attempted abolition of the Democratic Rule of Law, Armed Criminal Association, qualified damage to public heritage and deterioration of the overturned assets.
The maximum penalties are exceeded 40 years in prison.
In the process report, Moraes will rely on details of how each stage of the criminal action was, what decisions the Supreme has made and what claim PGR and defendants’ defenses. Then, the Attorney General of the Republic, Paulo Gonet, will have an hour to make his oral support.
The defense of Lieutenant Colonel Mauro Cid, the case whistleblower, will be the next to speak out for the same period. Then each of the defendants’ defenses will have the same time to advocate for the acquittal of the accused. Lawyers will be called in alphabetical order of the accused.
This is because Minister Alexandre de Moraes will only present his vote after the speech of each part of the process. He must submit his conclusions for the conviction or acquittal of each of the defendants separately.
The sequence of the votes is defined by the seniority criterion. It will be this order: Luiz Fux, and Cristiano Zanin – last to speak for presiding over the board.
The conviction depends on the majority of the votes of the ministers of the First Class.
The jurisprudence in the Supreme defines that the convicts should only comply with their penalties after the final judgment (closure) of the case. This means that even if the defendants are considered guilty, any prison should only occur after the end of the defense’s resources analysis.
The amount of appeals to be presented depends on the vote of the ministers in the trial. If there is divergence, defenses can explore them in more resources. In case of unanimity of condemnation and dosimetry of the penalties, the defendants have a lower margin of maneuver.
The expectation in the Supreme is that appeals must be tried by the end of October. In this scenario, eventual convicts must serve the sentence later this year.
Part of the defendants’ defenses believe, however, that Luiz Fux may request views of the process and postpone the trial of the coup plot within 90 days. This mechanism is used when the minister wants more time to analyze the case before presenting his vote.
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