The eight hours of oral defenders of the defendants of the 2022 coup plot in the Federal Supreme Court must cause little change on the positions of the ministers of the First Class.
After the first part of the judgment of the central core of the process, the tendency of completion to () and most of those involved is still the conviction.
According to ministers and interlocutors heard by SheetThere will be disagreements between the positions of the magistrates, but it is not possible to predict their extensions, and they should not reach the key figures of the case.
The class has five members, of which only two were sensitized with some of the defenses made of the podium. The support of the main accused, such as Bolsonaro or the General, however, would not have altered the magistrates’ view of their cases.
The Supreme Court began last Tuesday (2) to trial the criminal action that has Bolsonaro as leader of an attempt to coup. Throughout the week, the case report, the Attorney General’s Office), with the accusation, and the defendants’ defenses.
From this week it will be the first time that the ministers of the first class will comment on the merits of the case, that is, about the culpability of each of the eight of the group.
The forecast is long votes, starting with the rapporteur who, alone, should take at least one day of judgment. Other ministers should also need good hours to speak up.
Last Friday (5), president of the collegiate, attended the request of Moraes and scheduled two more sessions for the trial, both on Thursday (11). As a result, the STF plenary session in the afternoon was canceled. The idea is to be able to complete the trial by Friday (12).
Divergences are expected, they should begin in the procedural issues and continue to define the penalties to the convicts, which can also generate heated debate.
But the fate of most defendants must be the conviction, according to two STF ministers, two court advisors and three lawyers said to Sheet.
In general, the ministers analyze the procedural questions made by the defenses before positioning themselves about the conduct under discussion.
The first part of the debate around the lieutenant colonel’s denunciation will be made at this stage of preliminaries, as some defenses ask for the annulment of the agreement. Since the beginning of the case, the minister has expressed reservations for collaboration and can open divergence with Moraes at this point.
The tendency is for the denunciation, one of the pgr complaint wires, to be maintained, but it is expected to raise a debate on the terms and benefits granted to ICD for collaborating with the investigations.
Lawyer Jair Alves Pereira, an defender of the former joint order, said that an eventual military, as suggested by the PGR, would represent the end of the award-winning collaboration institute in practice.
The prosecution proposed, in the final allegations, to leave a possible judicial forgiveness to reduce only one third of the final penalty.
Bolsonaro and Braga Netto’s defenses focused on attempting to deconstruct the denunciation.
Braga Netto’s lawyer, José Luis de Oliveira Lima, said that there are at least three points to attest that the collaboration is addicted and should be annulled: the fact that the terms were signed with the Federal Police without the consent of, the lack of evidence to corroborate the information and evidence of coercion of Lieutenant Colonel.
If ministers take the strength from CID’s denunciation, they will need to list the other evidence that supports each of the crimes analyzed, which is likely to be done through messages, testimonials of witnesses and documents, such as the scammer draft.
Last week, the PGR countered the argument of the dependence of the complaint in Cid’s denunciation. “The complaint was not based on conjectures or fragile assumptions. The members of the criminal organization themselves made a point of documenting almost all stages of the contract,” he said.
In the judgment on the merits of the complaint, there is a low chance that the ministers have been convinced by the defendants’ defenses regarding the innocence or low participation of most of them.
The Bolsonaro defense told the Supreme Court that the complaint against the former president has no evidence that links him to the authorities’ murder plan or the attacks of the.
“The president did not attack the Democratic Rule of Law,” said Celso Vilardi.
“There is not a single proof that binds the president to the green and yellow dagger, spyglass and January 8th. Neither the whistleblower, who I supported against the President of the Republic, nor did he say the participation of dagger, spyglass, pantry and January 8. There is no single race.”
Bolsonaro was defended by Celso Vilardi and Paulo da Cunha Bueno. Vilardi used most of an hour of argument for them. It is one of the most renowned criminal lawyers in the country, teacher and experienced in complex and rumor cases. His support was praised, but the complaint against Bolsonaro would be robust.
Generals and former ministers are the defendants with the most likely to be relieved in the trial.
According to the evaluation by two Supreme Ministers and lawyers heard by the Sheet, The ones were more fragile compared to those of the others.
In the case of Paulo Sérgio, and a change in the course of his defense may favor him. But it still weighs against him the (Superior Electoral Court) during the electoral process of 2022.
After the definition of convictions, the ministers pass the debate on the dosimetry of the penalties, which should also take energy.
At this time, the collegiate fixes how many years will be arrested, adding the penalties of each crime. The class will need to reach a consensus. This decision impacts the granting of benefits, such as the calculation for regime change or conditional suspension of penalty.
