The former president () may take up to seven years in prison if he is sentenced to the maximum penalty of the accusation of the (Attorney General’s Office) in the process of the coup plot.
Bolsonaro will be tried from Tuesday (2), in addition to qualified damage and deterioration of overturned assets. He denies having committed any irregularity.
Against the former president is 12 years in prison. The tendency is for the ministers of the Federal Supreme Court to take into account circumstances that should increase the time of punishment.
In the trial, the calculation of the eventual penalty will undergo a complex analysis of the five ministers of the first class of the Supreme, involving both objective and subjective criteria, according to experts.
For the final calculation of the penalties, eventual differences will also be taken into account between the class members about each of the accusations analyzed in the trial.
In addition to the minimum and maximum penalties for each conduct, there are circumstances that may increase or mitigate the penalties imputed to Bolsonaro and other defendants of the case, which deals with the attempted coup after defeat to the President (PT) in 2022.
For example, in the case of the accusation of leading an armed criminal organization, PGR states that this group is composed of civil servants, who have used this condition.
The penalty for participation in criminal organization is 3 to 8 years, but there is an increase of up to half of it if the crime involves weapons, and there is still an aggravating Bolsonaro because he is considered a leader.
In addition, according to the legislation, the penalty may be increased from one sixth to two thirds per case involving civil servant who is worth these conditions.
To decide on the base penalty of this crime, from 3 to 8 years, the judge must take into account “the guilt, the background, the social conduct, the personality of the agent, the motives, the circumstances and consequences of the crime, as well as the behavior of the victim.”
“Treated with improper simplicity, the dosimetry of the penalty is one of the most stormy topics of criminal justice,” says Leonardo Massud, roofacor and master in PUC-SP criminal law.
According to him, although there are minimum and maximum parameters in the penalty legislation for each crime, there are “circumstances that the judge must consider to walk among these gradients.”
“The fact is that it is impossible to remove the judge’s high subjectivity load at the time of ‘choosing’ penalty. Not for another reason, several crimes with similar characteristics, with defendants in similar situations, receive very different penalties.”
“In the case of a collegiate trial, these differences could come to light, although the supreme may want to print a certain tone of agreement and further reduce the possibilities of different penalties to be attributed to Bolsonaro,” he says.
The lawyer specialized in Constitutional Law Vera Chemim states that dosimetry (calculation of the sentence) applied to the crime of criminal organization should take into account the fact that it is considered “formal”.
“That is, the mere fact of promoting or integrating a criminal organization is already configured as a crime, regardless of the commission of other criminal offenses (crimes). In other words: the structure and division of tasks already configures crime, even if no crime has been committed,” she says.
“Therefore, members of a criminal organization are already responsible for their organization (even if the result is not achieved), plus the sum of penalties of each crime committed.”
According to the experts, a penalty of over 8 years will have to be complied with in closed regime.
“Progression for the semi -open regime can range from 16% to 25% [da pena]”Massud says, pointing out that this percentage varies if the crime was committed with violence or serious threat to the person.” In other words, if condemned to the maximum penalty, the progression to the semi -open should not come before seven years in prison. “
As a former president, Bolsonaro is entitled to a special, individual cell called the “General Staff Room”, which may be in, or in the Superintendence of the Federal District. For your age and health problems, a regime in house arrest may also be evaluated;
In addition to Bolsonaro, they are defendants in the case (former man director), Almir Garnier (former Navy Commander), Anderson Torres (former Justice Minister), Augusto Heleno (former GSI minister); (Former chief of the help of orders, who is also a whistleblower), Paulo Sérgio Nogueira (former defense minister) and (former minister of the Civil House).
In the case file, Bolsonaro’s defense has been requested to acquit for crimes against him. The lawyers point in the final allegations to the Supreme Court that, if there is a conviction, Bolsonaro’s punishment should be at most about 14 years.
