The first class of the Supreme Court (STF) begins to judge on Tuesday (2), former President Jair Bolsonaro (PL) and seven other defendants accused of attempted coup. The ministers should decide whether to condemn or acquit the accused.
Among the main points of the prosecution are the allegation of his former order of orders and Lieutenant Colonel Mauro Cid, a plan to murder authorities such as the President of the Republic, a document known as the “coup draft” and the acts of 8 January.
In addition to Bolsonaro, they make up the so -called “crucial nucleus” the federal deputy Alexandre Ramagem (PL-RJ), former director general of the Brazilian Intelligence Agency, the Admiral ALMIR GARNIER SANTOS, Former Navy Commander, Anderson Torresformer Minister of Justice, the General of the Reserve Augusto Helenoformer Minister of the Institutional Security Office, Lieutenant Colonel Mauro Cido general Paulo Sérgio Nogueiraformer defense minister, and also the reserve general Walter Braga Nettoformer minister of the Civil House and Defense.
The defendants are
- Armed criminal organization
- Attempted violent abolition of the democratic rule of law
- Tentative of coup d’etat
- Damage qualified by violence and serious threat against the union’s assets and with considerable damage to the victim
- DECLARED OF HERITAGE
The only exception is branch. In early May, the House of Representatives approved a partial suspension of the criminal action against the parliamentarian. With this, he began to answer for only three of the five crimes that had been accused: armed criminal organization, attempted violent abolition of the democratic rule of law and coup.
Understand the main points of the prosecution of PGR (Attorney General of the Republic):
Armed criminal organization
Plan “Green and Yellow Bagger”
PGR accuses former President Jair Bolsonaro of leading an armed criminal organization.
The Attorney’s Office points to the existence of a core created for assassinate President Luiz Inacio Lula da Silva (PT), Vice President Geraldo Alckmin (PSB) and Minister Alexandre de Moraes.
The plan was identified in a named file “Green and yellow dagger”found in the equipment of General Mario Fernandes. For executions, the possibility of arms firing, explosive artifact or poisoning was allowed and should happen on December 15, 2022. The document would have been printed at the Planalto Palace.
In July this year, when questioned in the Supreme, But denied having presented the document to someone.
Already Bolsonaro, during his interrogation, denied having knowledge about the operation and said that, if he had,
Who integrates, finances or promotes a criminal organization is subject to the penalty of imprisonment from 3 to 8 years, In addition to a fine, and may reach 17 years if there is a use of firearms or participation of a civil servant.
Attempted violent abolition of the democratic rule of law
MINUTA DO HIT
Another point cited in the process is the call “MINUTA DO HIT”.
The PGR points out that, on December 6, 2022, Bolsonaro received from Filipe Martins, his former advisor, a document “that detailed several ‘considerations’ (foundations of the acts to be implemented), pointing out alleged interference of the judiciary in the executive branch and decreeing, in the end, the realization of new elections”.
According to the investigation, Bolsonaro made adjustments in the draft and, after approval, began to meet with the military commanders.
According to the PGR, the next day, the then president.
The meeting was reported by Mauro Cid and confirmed by General Freire Gomes, former army commander, as well as the content of the decree, which provided for the arrest of Moraes. Freire Gomes said in a statement that Bolsonaro warned that he would not be part of any scammers.
“The witnesses heard in court, especially former army and aeronautics commanders, confirmed that they were presented to them, on more than one occasion, minutes that decreed exception measures,” says the complaint signed by the Attorney General, Paulo Gonet.
The measures included the annulment of the elections, which Bolsonaro had been defeated, arrest of public authorities and intervention in courts of the country.
“The reports were based that the measures would be signed as soon as the Armed Forces support. The commanders were clear in confirming to have been pressedly pressured, including through virtual attacks, to adhere to the disruptive intent,” the text continues.
The penalty for the crime of attempted violent abolition of the Democratic Rule of Law is Four to eight years in prison.
Tentative of coup d’etat
January 8
The detachment PGR the January 8 like the “Violent Apogeu” of the coup plot. It points out that “the progressive and coordinated actions of the criminal organization culminated on January 8, 2023, the final act focused on the deposition of the elected government and the abolition of democratic structures.”
The prosecutor argues that the accused omitted from preventing action, whose intention was to force the intervention of the Armed Forces and justify a state of exception – a legal measure that the government adopts in crisis cases in the country to ensure order and security.
“In 8.1.2023, supporters of Jair Messias Bolsonaro, armed with artifacts of destruction, advanced on the square of the three powers in organized march,” the complaint continues.
Protesters then invaded the headquarters of powers: the National Congress, the Planalto Palace and the Supreme, with the purpose, according to PGR, “imposing the installation of an alternative government regime.”
The Attorney’s Office adds that the acts of January 8, 2023 help to “resignify” a series of events that once seemed loose with each other. The PGR also adds that the coordinated actions would have started in 2021, with the goal of maintaining a “authoritarian project.”
The penalty for attempted coup d’état in Brazil is Four to 12 years in prison.
Damage qualified by violence and serious threat against the union’s assets and deterioration of equity listed
According to the complaint, the depredation and destruction of public buildings on January 8 would have generated estimated losses in more than R $ 20 million.
The crime of damage to public property occurs when someone destroys, disable or deteriorates goods and services belonging to the State.
The penalty provided for this crime is detention from six months to three years, besides a fine.
The complaint cites the crimes of damage and deterioration as part of the materiality of the evidence, based on the images of destruction culminated by the acts.
Even without direct participation in acts, PGR maintains that Bolsonaro omitted himself to stimulate democratic rupture.
The complaint points out that Bolsonaro and allies kept in touch with the camps and reinforced the coup narrative, which would have contributed to January 8.
The crime of deterioration of equity listed has Penalty of imprisonment, from one to three yearsand fine. The penalty for the crime of damage to public assets is detention of six months to three yearsbesides a fine.
*Published by Maria Clara Matos, with information from Elijonas Maia and João Rosa
