The trial of the former president () and seven other defendants begins on Tuesday (2), in the first class of (Supreme Federal Court), from 9am. The analysis of the should last until next Friday (12). There will be live transmission on.
This Tuesday, it is scheduled to take place from 9am to 7pm, when the arguments of the prosecution and defense will be presented. On Wednesday (3), the forecast is from 9am to 12pm.
The trial begins with reading the minister’s report. Then it is the turn of the accusation by the PGR (Attorney General of the Republic), Paulo Gonet. Following, defense lawyers start talking. The first of these is that, a former Bolsonaro orders of orders.
Then the defenses present the lawyers of Alexandre Ramagem, former chief of Abin and federal deputy; Almir Guarnier, former Navy Commander; Anderson Torres, former Minister of Justice; Augusto Heleno, former GSI chief; Jair Bolsonaro, former president of Brazil; Paulo Sérgio Nogueira, former Minister of Defense; and Walter Braga Netto, former Minister of the Civil House and Defense. The defenses speak on Tuesday and Wednesday.
On the 9th and 10th, the ministers begin to give their votes. The first of them is Alexandre de Moraes. Then will come Flávio Dino, Luiz Fux, Cármen Lúcia e. Tuesday’s session (9) should last from 9am to 7pm. On Wednesday (10), it is expected to take place from 9am to 12pm.
On Friday (12), there is a presentation and reading of the sentence. The session should last from 9am to 7pm.
According to lawyer Marcelo Gurjão Silveira Aith, from Marcelo Aith Aith Society of Lawyers, the judgment of the defendants in the coup plot follows the rites of any analysis to be done by the STF.
In this case, the prosecution of the PGR (Attorney General of the Republic) will be analyzed in the first class of the Court.
After the report, the manifestation of the PGR and the presentation of the defenses, the word returns to the rapporteur, who will give his vote. Then follow the votes of other ministers.
“The rapporteur will analyze the preliminaries and then, yes, [os réus] will be judged. There are many preliminaries, such as privileged forum and other issues, and it is a moment that any of the ministers can ask [mais prazo para analisar o caso]. Then the judgment begins with the merits. On the merits, there may also be a request for a view, “says lawyer Marcelo Gurjão Silveira Aith, from Marcelo Aith Aith Lawyer.
The Supreme Court received 3,357 registrations of interested in following Bolsonaro’s trial. 150 places were made available to the public in the second class session room. Entries were distributed among the eight sessions, separated by shift in the morning and afternoon.
What are the days and times of Bolsonaro’s judgment on the STF?
According to the Supreme Court, the sessions will be held on the following days:
- Tuesday (2), from 9am to 7pm
- Wednesday (3), from 9am to 12pm
- Tuesday (9), from 9am to 7pm
- Wednesday (10), from 9am to 12pm
- Friday (12), from 9am to 7pm
Who are the defendants of the coup plot in the Supreme Court?
The defendants to be tried in the coup plot for the first class of the STF are, in alphabetical order:
- Alexandre Ramagem, former director of Abin (Brazilian Intelligence Agency)
- Almir Garnier, former commander of the Navy
- Anderson Torres, former Minister of Justice and former Security Secretary of the Federal District
- Augusto Heleno, former minister of GSI (Institutional Security Office)
- Jair Bolsonaro, former president of Brazil
- Mauro Cid, former Bolsonaro Order Assistant
- Paulo Sérgio Nogueira, former Minister of Defense
- Walter Braga Netto, former Minister of the Civil House and Defense
What can happen in the trial?
The trial of Bolsonaro and the other defendants who were part of his government follows the usual STF rites. Any of the ministers can ask for a view, which is more time to analyze the case, and make the analysis interrupted.
If there is a request for a view, a new trial will be scheduled, but only after the minister who made the request to return the process. Since 2023, there is a period of up to 90 days for the minister to return the request for a view. A new judgment can only be marked after the process return.
One of the ministers who could make the request for stoppage is Luiz Fux, who has diverged from the court colleagues, but the internal evaluation is that he will not make the request.
What happens if there is a decision for the arrest?
Of the eight defendants judged, two are arrested: Jair Bolsonaro, who is under house arrest decreed by Moraes, and Braga Netto, who is in the premises of the Army in Rio de Janeiro since December last year for an attempt to obstruct the investigation.
The others are free and the tendency is to remain free until the exhaustion of resources, according to Aith. For the lawyer, it has already been shown that they do not pose a risk against investigations.
In Bolsonaro’s case, he must remain in house arrest. Unless it is innocent or if there is a penalty less than four years.
The arrest of the defendants occurs only with the end of the action, when there is the so -called res judicata, that is, when there is no further appeal. Rather, the defendants may appeal, with the request for embargoes of declaration, which is when it is requested clarification of some point of the decision.
According to Aith, there is yet another type of appeal to be requested by the defenses, which are the infringing embargoes. But according to the Supreme Court’s Internal Regulations, this feature can only be used if there are at least two votes for acquittal.
Understand what are the crimes for which Bolsonaro will be tried
Bolsonaro and six other, of the seven defendants, will be tried for the following crimes:
- Armed criminal organization
- Attempted violent abolition of the democratic rule of law
- Tentative of coup d’etat
- Damage qualified by violence and serious threat
- DECLARED OF HERITAGE
Only Alexandre Ramagem, who is a federal deputy, responds only for three crimes: criminal organization, attempted abolition of the Democratic Rule of Law and attempted coup.
