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.
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.
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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.
