The former president () arrives at (Supreme Federal Court) on Tuesday (2) to be tried with seven other defendants pointed out as members of the central coup nucleus after the election of (PT) in 2022.
The (Attorney General’s Office) accuses Bolsonaro of committing crimes of armed criminal organization, attempted violent abolition of the democratic rule of law and coup d’état, as well as qualified damage and deterioration of overturned assets, crimes that may result in more than 40 years in prison.
Bolsonaro denies any crime. The PGR states that he headed, between 2021 and 2023, a group that planned the rupture of the democratic order, with lives against the ballot box and meetings with military. It also points to versions of documents that sought to give legal basis to a blow and that there was pressure on commands from the Armed Forces for the same purpose.
The accusatory piece states that the former president made adjustments in a coup draft and had one to be recited when the coup d’état was made.
The PGR also lists incitement and omission in the face of the attacks of January 8 and the science and agreement of the former president with the plan “Green and Yellow Dagger”, which would sight the murder of Lula, Vice President Geraldo Alckmin (PSB) and the STF minister.
Bolsonaro is accused of illegally using data from ABIN (Brazilian Intelligence Agency) and an operation of the Federal Highway Police (PRF), in the 2022 elections, to prevent Lula voters from voting. The testimonials of the former ordinant of orders, whistleblower in the process, support part of the arguments of PGR.
The former president’s defense states that the facts described by the PGR do not configure the imputed crimes: they would be political acts and, at most, impunible acts, without violence or serious threat. Bolsonaro “possibilities” with the Armed Forces after President Lula won the elections, but says the conversation was constitutional.
It also states that the “draft” never appeared in the file, and that documents in question were found were apocryphal, without signature, and worthless.
The team of lawyers led by Celso Vilardi argues that the Supreme Court has dealt with January 8 as a multitudent crime committed by several people, which would rule out the thesis of instigation by the former president. The former president himself often points out that he was not in Brazil on the date. In addition, the defense states that Bolsonaro was no longer president at the time of the attacks.
It also denies Bolsonaro’s relationship with the “green and yellow dagger” plane and points to contradictory versions in Mauro Cid’s lines, calling the “manipulated delation since his first statement”.
The defense rejects that there is conduct attributable to the former president in the case of ABIN and the PRF. The former Mandanker denies he created an “parallel abin” to spy on opponents and claims to be unaware of any initiative as described in relation to the PRF.
Check out the argument lines of the prosecution and the main arguments of Jair Bolsonaro’s defense.
Other defendants
Former Abin director Alexandre Ramagem, former Navy Commander Almir Garnier, former Justice Minister Anderson Torres, former GSI minister Augusto Heleno, former orders Mauro Cid, former Defense Minister Paulo Sérgio Nogueira and former Civil House Minister Walter Braga Netto are also part of the group.
All are accused of armed criminal organization, attempted violent abolition of the democratic rule of law and coup d’état. With the exception of branch, whose criminal action was partly suspended by the House, the others also respond for qualified damage and deterioration of overturned assets.
Ministers of the First Class of the Supreme Court, who will judge the former president and the other seven defendants, have shown support to the scammer’s rapporteur, Moraes, since the beginning of the case.
The backing remained even after the attacks of the court by US President Donald Trump, on the grounds that Moraes was chasing Bolsonaro politically. Of the members of the first class, only Luiz Fux, who is the main counterpoint to Moraes, did not have a visa to the United States suspended.
Nevertheless, there is no expectation of retreat in relation to positions already manifested by the magistrates. With three votes, there is a majority for conviction or acquittal. The trial is expected to have a conclusion until the 12th.
If the former president is convicted of the imputed crimes, the penalties may add up to 43 years-in that scenario, the execution would start in closed regime and the progression to the semi-open would not come before seven years, according to experts,
