STF Minister evaluates that there is no evidence against the former Navy Commander, only assumptions
The Supreme Court Minister Luiz Fux voted on Wednesday (10.Set.2025) for the acquittal of Almir Garnier, former Navy Commander, accusations of armed criminal organization, attempted violent abolition of the Democratic Rule of Law, qualified damage and deterioration of listed heritage.
The vote took place in the analysis of the merits of the judgment of core 1 of the attempted coup d’état, in which the former president (PL) is the main defendant.
- armed criminal organization – Fux considered that the PGR complaint did not show the use of firearms by the alleged group members, an essential requirement for the typification of the crime: “The conduct attributed to the defendant is far from a member of an armed criminal organization. The facts have to correspond to the criminal type.”.
The minister pointed out that the prosecution rejected himself in fragile elements, such as the fact that Garnier was called “Patriot” by colleagues or his absence at the Navy’s command exchange ceremony. According to the PGR, this would indicate loyalty to the coup group and moral support to the conspiracies, but Fux rejected this thesis.
He stated that there is no evidence that Garnier has performed executory acts that would configure participation in criminal organization. For Fux, the complaint merely mentioned his presence in two meetings, in which he would have signaled that he would put “Troops available” to support exception measures.
“It is necessary to intent to comply with crimes in a stable and permanent way, which did not occur. There is no concrete evidence that the defendant has participated in a criminal organization.”concluded.
- attempted violent abolition of the democratic rule of law Fux also dismissed this accusation, reiterating that the crime of coup d’état must be absorbed by the attempted violent abolition of the democratic order. According to the minister, Garnier had passive performance, without any material act that configured effective participation in a coup plan: “Meros preparatory acts are attributable. Just stating that troops are available does not mean concrete material aid”.
For Fux, PGR’s complaint is nothing but assumptions, based solely on Garnier’s presence at meetings where “forecast”.
- Heritage damage on January 8 – Fux also voted to acquit Garnier for qualified damage and deterioration of listed heritage: “There is no evidence in the file that Garnier has determined the destruction of the assets and the conduct of the defendant in meetings do not demonstrate that he ordered someone who caused large damage.”.
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Bolsonaro’s trial
The 1st class of judges the former president (PL) and 7 more defendants for attempted coup d’état. The Supreme has heard the oral support of all defendants’ defenses. Now they will be the ministers to vote. On Tuesday (9.Set), Minister Flávio Dino Minister Alexandre de Moraes and voted for.
A It is expected that the process will be completed by Friday (12.set), with the discussion about the dosimetry of the penalties.
Integrate the 1st class of the STF:
- Alexandre de Moraesrapporteur of the action;
- Flávio Dino;
- Cristiano ZaninPresident of the 1st Class;
- Cármen Lúcia;
- Luiz Fux.
In addition to Bolsonaro, they are defendants:
- Alexandre Ramagem (PL-RJ)e former director and (Brazilian Intelligence Agency);
- Almir Garnierformer commander of the Navy;
- Anderson Torresformer Minister of Justice;
- Augusto Helenoformer minister of institutional security;
- Mauro Cidex-assistant of presidency orders;
- Paulo Sérgio Nogueiraformer defense minister;
- Walter Braga Netto, of the Civil House.
The nucleus 1 of the coup attempt for the to commit 5 crimes: armed criminal organization and attempts to abolish the democratic rule of law and coup d’état, as well as qualified damage and deterioration of listed assets.
If Bolsonaro is sentenced, the minimum penalty is 12 years in prison. The maxim. If there is a conviction, the ministers will define the penalty individually, considering the participation of each defendant. The penalties determined against Jair Bolsonaro and the other 7 accused, however, will only be met after the final judgment, when there is no more possibility of appeal.
As a former president, if convicted in res judicata, Bolsonaro should be arrested in a special room in Papuda, federal prison in Brasilia, or at the PF (Federal Police) Superintendence in the federal capital.
