Minister Luiz Fux of the Federal Supreme Court (STF) used part of his vote in the trial of the so -called coup plot to delimit the contours of the crime of violent abolition of the Democratic Rule of Law.
According to him, speeches and interviews with criticism or accusations directed to members of other powers, albeit rude, are not enough to characterize the offense.
“Thus, it cannot be admitted that they can configure attempted abolition of the Democratic Rule of Law speeches or interviews, even if they contain rude accusations to members of other powers,” Fux said.
Indirect to Moraes
Speech is seen as an indirect response to the rapporteur, Alexandre de Moraes, who has been the target of constant attacks by Jair Bolsonaro (PL) and his supporters. Moraes, in his vote, argued that such conduct insert themselves into a strategy of delegitimation of the institutions and contributed to the coup climb after the 2022 elections.
In marking position, Fux again signals a more restrictive interpretation of the crimes attributed to Bolsonaro and the other defendants.
For the minister, it is necessary to differentiate political manifestations, even if aggressive, from executory acts that effectively endanger the functioning of the institutions.
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The Judgment in Progress
The first class of the Supreme Court, chaired by Minister Cristiano Zanin, resumed on Wednesday (10) 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.
Ministers Alexandre de Moraes and Flávio Dino voted for the rejection of all preliminary defendants argued 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 an attempt to coup d’état from 2021, 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.
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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 objective of the group was to ensure the permanence in power “regardless of the electoral result”, 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.
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Flávio Dino vote
Minister Flávio Dino accompanied the rapporteur Alexandre de Moraes and voted for the conviction of Jair Bolsonaro and seven other defendants of the so -called coup plot.
In his speech, Dino rejected the thesis of the defenses that the conduct would only be “preparatory acts.” For him, there were concrete enforcement acts that configure violence and serious threat, such as highway blocks, attempts to close airports and attacks on institutions. The minister pointed out that crimes of enterprise – such as coup and abolition of the democratic rule of law – do not require consummation to be punished.
The magistrate was also categorical in stating that the crimes imputed to the defendants are unsusceptible of amnesty, as they involve actions of armed groups against the constitutional order. Dino also rejected the idea of a “self -annist” in favor of high levels of power, remembering that there was never precedent of this kind in the history of the country.
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In analyzing the participation of each defendant, Dino said that the penalties should not be equal, as the levels of culpability vary. Bolsonaro and Walter Braga Netto were pointed out as leaders of the criminal organization, with greater responsibility. Garnier, Anderson Torres and Mauro Cid were also classified with high culpability, while Augusto Heleno, Alexandre Ramagem and Paulo Sérgio Nogueira had a minor participation.
Next Steps
The process now goes to the votes of ministers 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.
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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.
