Next Tuesday (2), the first class of the Supreme Court (STF) begins the trial of the former president Jair Bolsonaro (PL) and seven other allies that make up the so -called “core 1” of the process that investigates an attempt to coup after the 2022 elections.
The collegiate – composed by the ministers Alexandre de Moraes (rapporteur of criminal action 2668 in the court), Cristiano Zanin (president of the collegiate), Cármen Lúcia, Flávio Dino and Luiz Fux – will have extraordinary sessions on 2, 3, 9, 10 and 12 September for case analysis (See details below).
The trial represents the final phase of the case, when the ministers will decide whether to condemn or acquit the defendants, accused of joining a criminal organization that planned a blow to keep Bolsonaro in power after elections of 2022.
If there is a conviction, the penalties will also be defined. Depending on the result configuration, there may be room for defenses to come up with resources. If there is no appeals, or after their judgment, the final judgment is established – when any penalties may be met.
The rite of the trial
Moraes will begin Tuesday’s session with the reading of his report, which will contain a summary of all the steps traveled throughout the process, from investigations to the presentation of the final allegations.
Following are the word the Attorney General, Paulo Gonet, and the defense lawyers of the eight defendants.
After the demonstrations, Moraes will present his vote, followed by the other members of the board, who will also vote, in the following order:
- Flávio Dino;
- Luiz Fux;
- Cármen Lúcia;
- Cristiano Zanin.
How it showed the CNN… Behind the scenes, it is expected that Moraes use more than one session to complete his vote, given the complexity of the case.
Who are the defendants of the “core 1”?
In addition to Bolsonaro, they are also part of the group had “crucial” in the alleged coup plot:
- Alexandre Ramagem (PL-RJ)federal deputy and former director general of ABIN (Brazilian Intelligence Agency);
- Almir Garnierformer commander of the Navy;
- Anderson Torresformer Minister of Justice and former Secretary of Public Security of the Federal District;
- Augusto Helenoformer minister of GSI (Institutional Security Office of the Presidency of the Republic);
- Mauro Cidformer assistant of Bolsonaro’s orders;
- Paulo Sérgio Nogueiraformer defense minister;
- Walter Braga Nettoformer minister of Bolsonaro and candidate for deputy in the 2022 plate.
What crimes are defendants accused?
Bolsonaro and allies respond to the Supreme Court to five crimes. They are:
- Armed criminal organization;
- Attempted violent abolition of the Democratic Rule of Law;
- Coup d’etat;
- Damage qualified by violence and serious threat;
- Deterioration of listed assets.
Here, the exception is the branch. In early May, the House of Representatives approved. With this, he responds only to crimes of armed criminal organization, attempted violent abolition of the democratic rule of law and coup.
What do the defendants’ defenses say?
In the presentation of the final allegations, two weeks ago,
- Procedural violations and defense curtailment (impossibility of analysis of all material available);
- Rapporteur’s bias, Alexandre de Moraes;
- Credibility of evidence (standard required for any conviction would not have been followed);
- ;
- Consumption (if a less severe crime is committed as a means to perform a more serious crime, the less seriousness must be acquitted, avoiding double punishment).
Punishment
However, it should not be immediate, since it depends on the res judicata.
In addition, in case of conviction, the eight defendants should not be in ordinary prisons. Army officers are entitled to special arrest, according to the Code of Criminal Procedure (CPP).
The “core 1” is composed of five army military personnel, one from the Navy and two PF (Federal Police) delegates, who can also benefit from the restriction.
See dates and schedules reserved for the trial
- September 2Tuesday, 9am to 12pm (Extraordinary);
- September 2Tuesday, 14h to 19h (ordinary);
- September 3Wednesday, 9am to 12pm (Extraordinary);
- September 9Tuesday, 9am to 12pm (Extraordinary);
- September 9Tuesday, 14h to 19h (ordinary);
- September 10Wednesday, 9am to 12pm (Extraordinary);
- September 12Friday, 9am to 12pm (Extraordinary);
- September 12Friday, 14h to 19h (Extraordinary).
