The first class of the (Supreme Federal Court) is a vote of a majority vote for the condemnation of the former president () in the trial of the crucial core of the coup plot.
With five ministers, there are only three votes to reach the majority. At the end of the manifestation of all magistrates about the conviction or acquittal, there will still be the debate on the dosimetry of the penalties.
After the trial, the Court will still have to publish the judgment with the result and the final terms of each minister’s votes. From this it will start counting the.
Know what are the possible appeal types after a possible conviction:
Infringing embargoes
This type of appeal is appropriate only when there is divergent vote in favor of the defendant. If presented and admitted by the Court, he would reopen the debate on the merits of the conviction and bring the trial to the plenary. The deadline for the presentation of infringing embargoes is 15 days from the publication of the judgment.
However, it is not a guaranteed process, because precedents of the Supreme of recent years have imposed additional limits to the use of this type of question.
As explained by experts consulted by SheetIf the court follows the previous one, Bolsonaro would need two votes to acquit him of at least one of the crimes for the processing of infringing embargoes to be admitted.
Following this logic, therefore, even the disagreement for more than one minister, but only as to procedural issues or size of the penalty, would not be sufficient to allow this type of appeal to be processed. Part of the experts do not rule out, however, that the scammers process can lead to a new discussion about such parameters.
Declaration embargoes
Another possible appeal, declaration embargoes are reserved for situations where the defense understands that there was some obscurity, inaccuracy, contradiction or omission in the judgment. In this case, the discussion does not go to the plenary, but to the class that is judging the case.
The deadline for the presentation of the declaration embargoes is five days from the publication of the judgment. In theory, the defense may present successive declaration embargoes if you understand that the answer to the previous questioning follows with obscure points.
Delaying character and other resources
Although there is no definite limit of declaration embargoes that may be filed, if the Court considers that there is only intention to delay the closure of the process (by repeating arguments already presented in previous embargoes, for example), it may declare that it is merely delaying.
Also on infringing embargoes it is possible that the court declares a delayed character, as happened this year in.
If this occurs and do not fit other appeals, it is possible that the Court then declare the early res judicata certification, which ends the process.
Although declaration and infringing embargoes are the main appeals available, defenses may still present more generic procedural tools, such as habeas corpus and writ of mandamus, seeking to question judgment points. However, the Court’s restrictive understandings regarding the use of these procedural means or monocratic decisions of the rapporteur himself denying the requests, for example, can make them ways with less potential to raise discussions.
Can Bolsonaro be arrested?
Currently, after understanding the rapporteur minister that the former president failed to comply with a precautionary measure in another investigation.
The arrest of serving a sentence, on the other hand, in case of condemnation of closed regime, should only occur after the final judgment – when the appeals are exhausted – according to the jurisprudence of the Supreme himself.
