Minister Flávio Dino voted on Tuesday (9) for the conviction of former President Jair Bolsonaro (PL) and seven other defendants in the trial of the coup plot.
A, Dino pointed out that the crimes committed by the group were not restricted to plans or reflections, but configured executory acts that represented “violence and serious threat” to the Democratic Rule of Law.
Dino dismissed the thesis from Bolsonaro’s defense that actions would have merely preparatory character. “I do not consider that we had mere acts of preparation, but executory acts,” he said.
For the minister, episodes such as tank parades, highway closure, police attacks and attempts to close airports highlight the materiality of crimes.
The minister recalled that enterprise crimes – those who start with the verb “try”, such as coup d’état or violent abolition of the Democratic Rule of Law – have been in Brazilian law since 1890.
“There is no need for consummation of the result to be configured. The attempt by itself is already punishable,” said Dino.
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Criticism of camps and the “green and yellow dagger” plan
Dino also stressed that violence was inherent in the whole plot. He mocked the camps made in front of army barracks after Bolsonaro’s defeat.
“The name of the plan was ‘green and yellow dagger’, not ‘green and yellow Bible’. The camps were not in front of churches, but to barracks, where there are weapons, contingents and tanks,” he noted.
According to Dino, the choice of these places demonstrates that camps were part of a military pressure strategy and not peaceful manifestations.
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Distinction between crimes and rejection of amnesty
Like Moraes, Dino rejected the possibility of absorption between the crimes of coup and violent abolition of the democratic state. For him, the two conduct protects distinct legal goods: one aims to make the performance of the institutions unfeasible, while the other seeks to overthrow the elected government.
Another central point of the vote was the refusal of amnesty for trial crimes. “Unmistakably,” he said.
Dino recalled that although Brazil has already granted amnesties at different historical moments, there has never been a benefit to high levels of power. “The amnesty never led to a kind of ‘self -annisting’ of those who exercised the dominant power,” he added.
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Validity of Mauro Cid’s denunciation
The minister also countered criticism from the defenses to the former Bolsonaro orders. He acknowledged that oral evidence may suffer limitations, such as forgetting or contradiction in detail, but emphasized that there is corroboration evidence capable of sustaining the validity of the agreement.
“We have a valid and sufficient denunciation agreement to corroborate with a condemnation. Oral evidence seems to me absolutely compatible with the evidence in the file,” said Dino.
According to the minister, there were no different versions in the testimonies of ICD, only small variations in detail. “Systematically, we find a valid award -winning plea agreement,” he added.
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Accusations of bias
Dino also took the opportunity to counter the questions that he could not participate in the trial because he was Minister of Justice in the Lula administration. The magistrate recalled that his entry into the Supreme Court occurred after regimental change that defined the first class as responsible for the processes of 8 January.
In addition, he pointed out that if any minister had asked to leave his collegiate, he would not even participate in the analysis. “There is no impediment. What is there is the regular application of the rules of the Court,” he said.
The Judgment in Progress
The first class of the Supreme Court, chaired by Minister Cristiano Zanin, resumed on Tuesday (9) the analysis of the complaint against the so-called “crucial core” of the alleged coup plot, appointed by the Attorney General’s Office (PGR) as responsible for articulating measures to prevent the possession of Luiz Inácio Lula da Silva (PT) after the election of 2022.
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The rapporteur of the case, Minister Alexandre de Moraes, rejected all preliminaries argued by the defenses and asked the defendants to be convicted of all crimes imputed by PGR. The trial will have extraordinary sessions until September 12.
Vote of Minister Alexandre de Moraes
For the rapporteur of the case, it was proven that there was one, when the first preparatory acts began to be executed with the misuse of public agencies, such as Abin and GSI, to discredit the electronic ballot boxes and the judiciary.
Moraes dealt with Bolsonaro as leader of a hierarchical criminal organization, structured with division of tasks and composed of military and federal government members. According to him, the group’s goal was, using illegal instruments and paying attention against democracy.
The minister rejected all preliminaries presented by the defenses, maintaining the validity of Mauro Cid’s award -winning denunciation and the evidence gathered by the Federal Police. He stressed that it is not necessary to consummate the coup so that the crime is configured – executory acts are already enough to hold those involved.
For the minister, the gathered evidence demonstrates that the central target of conspiracy was the democratic rule of law, systematically attacked to undermine the institutions and paving the way to the perpetuation of Bolsonaro’s political group in power.
Next Steps
The process now goes to the votes of ministers Luiz Fux, Cármen Lúcia and Cristiano Zanin. Each vote will be divided into two stages: first, the analysis of preliminaries – such as the validity of Mauro Cid’s allegation and the competence of the Supreme Court; Then the merit, with the evaluation of the evidence presented by PGR.
The final decision will be made by a simple majority. If the conviction is confirmed, the penalties will be discussed in a later stage.
Who are the defendants
In addition to Bolsonaro, they respond in the action:
• Alexandre Ramagemfederal deputy and former director general of ABIN;
• Almir Garnierformer commander of the Navy;
• Anderson Torresformer Minister of Justice and former Secretary of Public Security of the DF;
• Augusto Helenoformer GSI minister;
• Mauro CidLieutenant Colonel and former Assistant of Bolsonaro Orders;
• Paulo Sérgio Nogueiraformer defense minister;
• Walter Braga Nettoformer Minister of Defense and Civil House, candidate for vice president in 2022.
The eight defendants are accused of armed criminal organization, attempted violent abolition of the Democratic Rule of Law, attempted coup, damage qualified by violence and serious threat and deterioration of listed heritage. In the case of branch, part of the accusations was suspended by decision of the House of Representatives.
