The trial that may lead, for the first time, to the conviction and arrest of a former Brazilian president for attempted coup d’état in the (Federal Supreme Court) will be full of particularities. Aspects such as the unprecedented crimes under discussion and the style and speed imposed by the rapporteur in conducting the process make the case mark the history of the court.
Practical components, such as the volume of materials gathered – data add up to about 80 terabytes – or the security scheme designed for session dates, also represent points out of the curve, even compared to other rude cases.
Next Tuesday (2), the first class of the Court begins the analysis of the accusations against () and seven other defendants. The expectation is to have a conclusion until the 12th.
Of the five ministers of the board, he has only presented himself as a counterpoint of the rapporteur. Still, behind the scenes of the court, it is given as low the possibility that he, or other magistrate, stops the trial with a request for a view.
If this occurs, the maximum period of return of the process for continuity is 90 days, which would allow the resumption later this year.
The first part of the trial will be dedicated to reading the Moraes report, with the presentation of the facts, crimes pointed out and a summary of the process. It is expected to last about an hour and a half.
Following, the Attorney General of the Republic, Paulo Gonet, will have two hours to defend the conviction, followed by the lawyer for him to be the whistleblower. Then it is the turn of the other defendants, with one hour available for each.
Thus, only this step should take more than ten hours of the trial, occupying the sessions scheduled for the first week.
After the statements of lawyers, Moraes presents his vote on conviction or acquittal of the defendants, as well as procedural issues, such as the validation of Mauro Cid’s denunciation. This should occur from September 9 and should last an entire session.
The other ministers initially position themselves on procedural issues. Only in a second round will they vote for the merits of the accusations.
For the receipt of the complaint of the central core of the PGR complaint in March, the minister spoke for almost two hours.
At that moment, the magistrates needed to position themselves whether the prosecution had enough elements to make the defendant and open the criminal action. Now it will be the first time the ministers will formally manifest about the guilt of those involved. The votes are expected to be longer.
According to interlocutors of ministers and lawyers, three questions are still open. The first revolves around the maintenance of the terms of the former Bolsonaro Orders’ allegation.
Mauro Cid gave several testimonials and the defenses especially of Jair Bolsonaro and Braga Netto focus on questioning the statements and legality, the instrument itself.
Lieutenant Colonel became the first military whistleblower in the country’s history, but the shuttle of versions put the deal at risk. ICD must have the collaboration validated, also considering the weight of collaboration for the investigation, but may lose.
In addition, the condemnation of most of the defendants considered central is given for certain, but there may be acquittal. In addition to the consideration between the prosecution evidence and the arguments of the defenses, there is assessments that the acquittal of one of those involved could be interpreted as a sign to the Armed Forces and the guarantee of a balanced judgment.
The other open point is around dosimetry, that is, the size of the feathers. This discussion serves as a parameter for subsequent definition of granting benefits, such as conditional, replacement of the deprivation of liberty penalty with restrictive rights, and fixing of a smoother initial regime (semi -open or open).
For the convicts, the revisions breach will be low. Unlike cases such as Lava Jato, for example, which began the processing in the first instances, with the judgment made directly in the Supreme Court, there are few resources possible.
Defenses already talk about bringing the case to international cuts, given the reduced possibility of resources in Brazil.
The execution of a sentence should only occur after the final judgment – when the appeals are exhausted – according to the jurisprudence of the Supreme itself. The court has accepted two defenses attempts before giving the case by closed.
Only then, the defendants would be arrested. Braga Netto has been arrested preventively since December 14, 2024. In case of conviction, this time enters the calculation of the sentence. The case is different from Bolsonaro’s arrest, which is at home.
With the trial made in the class, there would be an extra possibility, the so -called infringing embargoes. These fit if two of the five ministers are overdue-it is a type of appeal to when the decision is not unanimous and can take the case to the plenary.
This perspective is not on the horizon. Despite the differences of Fux, Moraes has had ample support of, and.
