Session of the first class resumes vote this Wednesday (10) at 9am; So far, the score is 2 votes to 0 for the conviction of the former president and his allies
The First Class of Returns on Wednesday (10), at 9am, the trial of former President Jair Bolsonaro and seven allies, who are defendants for the coup plot to try to reverse the result of the 2022 elections. The session will start with the vote ofthird minister to comment on the trial. So far, the score is 2 votes to 0 for the condemnation of and their allies for crimes of crimes of armed criminal organization, attempted violent abolition of the Democratic Rule of Law, coup, damage qualified by violence and serious threat and deterioration of listed heritage. Except in the case of Alexandre Ramagem, former director of Abin, who replaces only the first three crimes.
The votes were given by the ministers Alexandre de Moraes, rapporteur of the case, and Flavio Dino. Ministers Cristiano Zanin and Carmen Lúcia vote for Fux. Most of votes for conviction or acquittal will take place with three of the collegiate’s five votes. The penalty time will be defined only after the round of voting on the conviction or acquittal. In case of conviction, penalties may reach 30 years in prison in closed regime. Sessions were also scheduled for Thursday (11) and Friday (12), when the trial should end.
Prison
The eventual arrest of the defendants who are convicted will not occur automatically. Only after the analysis of appeals against the conviction will the arrest be effective.
Funds
In case of conviction with a vote in favor of acquittal, Bolsonaro and the other defendants will be entitled to another appeal to avoid arrest. With the publication of the judgment with the eventual unfavorable score, the defenses may present the so -called declaration embargoes, an appeal that aims to clarify omissions and contradictions in the final text of the trial. In general, this type of appeal has no power to review the result of the judgment and is often rejected. The embargoes are judged by the first class itself.
In order to get the case to be tried again and taken to plenary, the accused must obtain at least two votes for acquittal, ie minimum score of 3 votes to 2. In this case, infringing embargoes may be filed against the decision.
*With information from Agência Brasil
