O STF (Federal Supreme Court) JUDGE RETURN FOR first time in historyon Tuesday (9), a former president of the Republic for attempted coup.
The former Mottizer Jair Bolsonaro (PL) It makes up the call of the call of the call that would allegedly tried to extend its government even after losing a dispute for reelection.
The Supreme, the maximum body of the judiciary in Brazil, decides on the main actions that affect the legal order of the country.
Known as “guardian of the Constitution”, the court has already judged historical processes as corruption scandalsa extradition of a foreign citizen convicted of murder and the abortion in specific cases.
Extradition of Cesare Battisti (2009)
One of the relevant cases recognized by the Supreme is the extradition of the Italian citizen Cesare Battisti, arrested in Brazil and convicted of four homicide crimes in Italy.
Cesare’s defense claimed political persecution and asked the process to be annulled. The Supreme Court, in turn, understood that Battisti was tried based on common crimes and that They had no political connotation.
The Italian was a member of the Left Militant Group PAC (Proletarians armed by communism). The body was accused of violent crimes during the 1970s, known as “Lead Years” in Italy, a period marked by conflicts between left and right extremist groups.
The rapporteur of the case was former minister Cezar Peluso. Despite the decision made by the Supreme, in 2010, the then President of the Republic, Luiz Inacio Lula da Silva, denied the extradition. Despite the trial, extradition is considered an act of sovereignty, which must be executed by the head of state.
However, in 2018, during the government of former President Jair Bolsonaro (PL), the act was revoked. Cesare Battisti then fled Brazil and was captured in Bolivia in 2019, being extradited to Italy.
Recognition of homosexual marriage (2011)
In 2011, the Supreme Court upheld a direct action of unconstitutionality and an argument of non -compliance – an action that regulates the constitutionality of acts of the public power that disrespect fundamental principles of the Federal Constitution of 1988 – to Recognize the homosexual marriage.
The rapporteur of the case was former minister Ayres Britto. The decision was based on the right to equality and constitutional prohibition on unjustified discrimination, which prevents the homosexual treatment different from that conferred on heteroaffective couples.
In addition, the STF also explains that the Constitution does not restrict family nuclei to couples formed by men and womencan also be composed of same -sex people, having their rights recognized.
In 2013, the trial resulted in an edition of a legal resolution by the CNJ (National Council of Justice) to prevent the country from refusing to convert stable unions between same-sex marriages or even celebrating them.
Interruption of pregnancy in case of fetus with anencephaly (2012)
Another historical judgment in the Federal Supreme Court was what decriminalized the interruption of pregnancy – popularly known as abortion – In cases of fetuses with Anencephaly.
Anencephaly is a congenital condition, in which the fetus has severe neurological deficiencywhich compromises the functions of the cortex and brain hemispheres and results in the lack of sensitivity, mobility and integration of almost all body functions.
The STF understood that the condition makes unfeasible life outside the womb And therefore, there is no reason to defend the right to life, because there is no potentiality of one. The Supreme also added that the situation generates Suffering for the pregnant woman And because of this, the woman has the right to decide on pregnancy autonomously.
The decision also adds that criminalizing the interruption of pregnancy in this case is a “affront” to the rights to dignity, autonomy and health, and that Brazil is a secular state. Therefore, their laws must be guided by religious neutrality.
The rapporteur was former minister Marco Aurélio Mello.
Monthly (2012)
In 2012, the Supreme Court judged one of largest corruption scandals in the country. The complaint received by the Court described the scheme of payment of undue advantages to parliamentarians in exchange for political support in the National Congress, known as Monthly.
The final decision understood that payments were identified for the then mayor, João Paulo Cunha, of the PT, as well as other federal deputies. Payment was made by members of the advertising agency linked to the scheme.
The STF understood that the transfers proved the crimes of active and passive corruption. The crime of peculled It was identified by the diversion of public resources using contracts and “subcontractations” and fraudulent advertising.
In addition, the ministers came to the conclusion that there was incompatibility between the services provided and the amounts received by the contracts. The information came from audit teams from different organs.
The process also included money laundering through the concealment and concealment of the criminal origin of the amounts received.
The rapporteur of the case, Minister Joaquim Barbosa, retired two years after the trial at the age of 59.
O By 2021, everyone had at least left the regime closed. Some defendants, such as João Paulo Cunha, were future acquitted.
Temporal Framework (2023)
In 2023, the STF tried an extraordinary appeal on the TEMPORAL FILM. The milestone is a legal thesis that emerged after an opinion from AGU (Attorney General of the Union) of 2009 on the demarcation of the Raposa-Sun Reserve in Roraima.
He states that indigenous peoples have the right to occupy only the lands they occupied or already played on October 5, 1988date of promulgation of the Constitution.
The appeal discussed the area of occupation that could coincide with a private or biological reserve area.
The Supreme Court rejected the thesis of the temporal landmark and decided that the lands traditionally occupied by peoples indigenous belong to them as Original law. The Court argued that indigenous possession is different from civil, which has an economic character, while the indigenous has a cultural character for its own subsistence.
Thus, it was decided that the absence of an indigenous community at the time of the promulgation of the Constitution does not rule out its right to the territory.
The rapporteur of the case, still active in the Supreme, is Minister Edson Fachin, belonging to the second class of the Court. In June 2025, About actions that questioned the overthrow of Marco.
Judgment of former President Jair Bolsonaro (2025)
Now, the Supreme enters the final phase of the former president’s trial Jair Bolsonaro (PL) and seven other defendants in criminal proceedings that investigates a attempted coup d’etat no country.
A PGR (Attorney General’s Office) accuses former President Jair Bolsonaro of leading an armed criminal organization and organizing a plan to stay in power after losing the reelection dispute in 2022.
The case involves, The use of public agencies such as ABIN (Brazilian Intelligence Agency) to discredit the electoral system, as well as monitoring authorities contrary to the former government and a plan to murder current President Lula, Vice President Geraldo Alckmin and Minister Alexandre de Moraes.
Bolsonaro is judged by Composed by ministers Alexandre de Moraes, rapporteur of the case, Flávio Dino, Cármen Lúcia, Cristiano Zanin (president of the collegiate) and Luiz Fux.
- Armed criminal organization;
- Attempted violent abolition of the Democratic Rule of Law;
- Coup d’etat;
- Damage qualified by violence and serious threat against the union’s assets, and with considerable damage to the victim;
- Deterioration of listed assets.
If convicted, Bolsonaro can take more than 40 years in prison if all maximum penalties are added. If convicted,
