Minister Luiz Fux of the Federal Supreme Court (STF) voted on Wednesday (10) for the maintenance of Lieutenant Colonel Mauro Cid’s award-winning denunciation, former Jair Bolsonaro (PL) orders. The decision frustrates one of the main theses of the defenses of former President and General Walter Braga Netto, who sought to annul the agreement signed with the Federal Police.
With Fux’s vote, the First Class of the Supreme Court consolidated, by majority, the validity of the collaboration, considered a central piece on the accusations of the Attorney General’s Office (PGR) about the attempted coup and the criminal organization that would have been led by Bolsonaro.
Self -innination and validity of the agreement
According to Fux, there were no irregularities in conducting the denunciation. He stressed that Cid was always accompanied by lawyers and was warned about the risks of breaking the pact. “The collaborator ended up self -binding. This is part of the list of questions that can be asked to whom,” he said.
The minister also pointed out that Cid was not called to “invent facts”, but to confirm elements already investigated by the PF. “The defendant was called to a crime complex like this. He was not called to invent, but for new facts that the police himself reported to him,” he said.
Benefits under review
Although it kept collaboration, Fux signaled that the benefits granted to ICD can be reviewed. He agreed with PGR by pointing out that the “comings and goings” in the testimonies – with versions that have shown changes over time – should weigh to reduce the reduction of the penalty provided for in the agreement.
“Law is not a museum of principles, it is constantly changing. Changing understanding is a manifestation of judicial humility, it is evolving,” he said, in reference to the fact that the prosecutor even questioned the agreement before changing his position and formally defending it.
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Cold water in the defense strategy
Maintaining Mauro Cid’s denunciation throws cold water in the strategy of Bolsonaro and Braga Netto’s defenses, which bet on the nullity of the agreement to weaken the accusation that there was a criminal structure with division of tasks to try to remain in power after the 2022 electoral defeat.
Cid’s denunciation has already been used by Moraes and Dino on his votes as proof corroborated by other elements – such as documents, messages and meetings -, reinforcing Bolsonaro’s role as leader of the criminal organization.
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.
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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.
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.
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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.
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.
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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.
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.
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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.
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.
