The judgment of the former president Jair Bolsonaro (PL) and seven other defendants accused of an attempt to coup d’etat After the 2022 elections, which began last Tuesday (2), it may last due to the presentation of resources, according to experts heard by CNN.
Among them, the infringing embargoeswhich can change the course of the case.
According to the lawyer Maíra SalomiMaster in Criminal Law from USP (University of São Paulo), this type of appeal is distinguished from Declaration embargoes – which serve to clarify points of the decision and are judged by the First Class of the Supreme Court (STF).
Infringing embargoes, in turn, have a broader effect: they can only be presented when any, allowing the case to be reviewed by the STF plenary, which brings together the eleven ministers.
This mechanism, in practice, expands the chances of judgment review. According to the precedent established in 2018, in the case of the former deputy Paulo Malufit is indispensable that the disagreements are directly linked to the conviction or acquittal – and not to secondary aspects, such as the dosimetry of the penalty. Without this condition, the defense cannot trigger the appeal.
For Bolsonaro and the other accused, infringing embargoes may function as an instrument of prolongation of the process and attempted reversal of a possible unfavorable result.
This is because, the trial gains a new space of debate and can find different understandings among other ministers.
In addition to infringing embargoes, another factor that can influence the rhythm of the trial.
When a minister requests a view, it has up to 90 days to better analyze the process before voting. Experts, however, consider it unlikely that this happens in this case, especially after the so -called “Tariff” by the United States to Brazil.
The, conducted by the first class of the Court, will be resumed next Tuesday (9), with the opinion of the rapporteur Alexandre de Moraes and the votes of ministers Flávio Dino, Luiz Fux, Cármen Lúcia and Cristiano Zanin. Three votes are required to define the conviction or acquittal of the accused and set the penalties.
Possible scenarios for Bolsonaro after the trial:
- Total or partial acquittal, depending on the analysis of each accusation;
- conviction with immediate execution of the sentence, which could be closed if the sentence exceeds eight years; and
- House arrest, seen as the most likely alternative, considering the former president’s age and health problems.
*Published by João Scavacin, from CNN, under the supervision of Douglas Porto
