Minister Flávio Dino, of the Supreme Court (STF), accompanied Alexandre de Moraes and voted to condemn former President Jair Bolsonaro (PL) and seven other defendants for attempted coup.
With this, the score for conviction is 2-0. If Luiz Fux, the next minister to vote, also understand by conviction, the Supreme Court will already have a majority to hold Bolsonaro and the other defendants responsible.
Until then, both ministers have voted to condemn the former president for the five crimes of which he was accused: attempted violent abolition of the Democratic Rule of Law, attempted coup, participation in armed criminal organization, qualified damage and deterioration of listed heritage.
In the case of branch, Dino considered the suspension for the criminal action approved by the House of Representatives, in part endorsed by the first class of the Supreme Court, which judges the case. Still, there was a vote to condemn him for violent abolition of the Democratic Rule of Law, coup and armed criminal organization
For the minister, Bolsonaro and former Minister Walter Braga Netto had control and leadership about the actions of the criminal organization and, therefore, must respond to larger penalties.
Former ministers Paulo Sérgio Nogueira, Augusto Heleno and the deputy and former director of ABIN (Brazilian Intelligence Agency) Alexandre Ramagem would have had a “minor importance” participation and are expected to take smaller penalties.
As the CNNthe dosimetry (ie the values of the penalties) will be defined at the end of the votes, if there is conviction.
Political judgment
Dino began the vote by stating that the judgment of the coup plan is a case like any other, based on the same laws and due process.
The minister rejected attempts to politicize the trial and the Supreme Court. He said that the Supreme Court has already judged people of all political spectra and has always been based on the evidence and case of each case, acting technically.
Amnesty
Dino also said that crimes against the Democratic Rule of Law are not “anistable” and mentioned votes of ministers, given on other occasions, proving their point.
One of the votes mentioned was Luiz Fux, who has signaled disagreements regarding the dominant position of condemning all defendants of the scammer plot with severe penalties.
Consumption
Dino also stated that, in the case analyzed, there is no separation between “half and end crime”, signaling being contrary to the reduction of the penalty.
During the criminal instruction phase, defenses tried to get the crime argument of “violent abolition of the Democratic Rule of Law” is a means to the crime of “coup d’état” and, therefore, the defendants could not be punished twice. This principle is called “consumption” and is foreseen in the legal world.
Executory acts
The minister also argued that the coup plan is not just about “acts of preparation” that did not go forward, as some defenses claim.
Dino states that there were, yes, executory acts, that is, the defendants would have acted and began a coup of state.
“This is shown in the file. Preparatory acts already expose to danger the democratic rule of law,” he said.
Grave threat
Dino also rebate with irony lawyers arguments about not having violence or serious threat from the defendants.
“The serious threat and violence were present in the executory acts. There was violent invasion of the three powers. I do not know any case, in the literature, where protesters arrived for police and said: ‘Please, I will break this police siege and brought flowers, chocolates and chocolates […] The name of the plan was not green and yellow Bible, it was green and yellow dagger, ”he said.
Mauro Cid’s denunciation
Accompanying Moraes, Dino voted for the maintenance of Lieutenant Colonel Mauro Cid’s denunciation. Dino said he had read all the testimonials personally and contacted that there were no “several different allegations”, but testimonials that complemented and dealt with different subjects.
Earlier, Moraes stated that those who question CID’s number of testimonials, saying they are all contradictory, bordering on bad faith litigation.
Luiz Fux was one of those who said he saw with “reserve” the number of testimonials from Cid. The minister said in April that he would analyze the issue at the appropriate time, in the trial.
