The resumed on Wednesday (3) the trial of the central nucleus of the coup plot with the oral support of the defenses of former GSI (Institutional Security Office) Augusto Heleno, former President (PL), former Defense Minister Paulo Sérgio Nogueira and former Defense Minister and former Minister of Civil House.
The lawyers argued that there is a lack of evidence about their clients ‘participation in an attempted coup d’état following President Lula’s (PT) victory in the 2022 elections and questioned the validity of the former orders’ alien denunciation, key piece of the prosecution.
Bolsonaro moving away from January 8
The former president’s defense said there is no proof that he participated in the January 8 attacks or plans such as the “green and yellow dagger”, which provided for the murder of authorities such as Lula, Vice President Geraldo Alckmin (PSB) and the STF minister.
Lawyer Celso Vilardi said the investigation linked Bolsonaro to attacks in Brasilia, a “tragic episode” without proof. It also argued that the facts narrated by the PGR (Attorney General of the Republic) are nothing more than preparatory acts, which would not constitute a consummate crime, and that it is not reasonable to attribute to former president penalties that they may reach 30 years.
Defendants moving away from Bolsonaro
Augusto Heleno’s defense said the general distanced himself from the then president especially after his PL affiliation in 2021. To reinforce this argument, he showed a note in which the former chief of recommended Bolsonaro to be vaccinated against Covid.
The general was pointed out by PGR as one of those responsible for spreading attacks on the ballot box and structuring a “crisis office” in the Planalto Palace, but the defense states that there is no material evidence to adhere to coup plans.
Lawyer Matheus Milanez also criticized Moraes’ conduct in the process, saying that the rapporteur adopted an accusatory stance and violated Heleno’s right to silence during the interrogations.
The defense of former Defense Minister Sérgio Nogueira stated that he sought Demo Bolsonaro from any attempted rupture and that, by this posture, was the target of virtual attacks by pockets. According to lawyer Andrew Fernandes, this hostility would be the “proof of the nine” that Nogueira was not part of the criminal organization.
The general reported internal disagreements with Braga Netto, appointed as closer to the conspiracies, and said he acted to preserve the cohesion of. For lawyers, his conduct was institutional and democratic, in contrast to the PGR version, which accuses him of pressuring commanders to join the coup and omit information about the first round of elections.
Mauro Cid’s denunciation
Walter Braga Netto’s defense focused on disqualifying Cid’s award-winning collaboration. Lawyer José Luis de Oliveira Lima stated that the denunciation is addicted, was signed without the participation of the prosecutor and is full of contradictions, including alleged money deliveries to finance coup actions.
He also said that there is no document or message that connects Braga Netto to murder plans or the monitoring of authorities. The general, arrested preventively since December 2024, is accused of funding the “green and yellow dagger” plan, but the defense states that the accusation refers only to fragile ICD versions.
Next Steps
On Tuesday (2), the trial was opened with the political scraps of Moraes, a rapporteur of the case, who said there was no possibility of “confusing the healthy and necessary pacification with the cowardice of appeasement” and that the STF does not bow to pressures and threats.
Attorney General Paulo Gonet called January 8 “heyday of violence” and called for the defendants’ conviction for the five crimes listed in the complaint.
Next week, the votes begin. Moraes opens the round, followed by Flávio Dino, Luiz Fux, Cármen Lúcia and Cristiano Zanin, president of the first class. Three votes are required for conviction or acquittal in each crime. Then the ministers discuss the penalties.
The decision becomes formal only with the publication of the judgment. The defenses have five days to present embargoes, which can be renewed next. In general, the sentence begins after the rejection of the second embargoes.
