A First Class of the Supreme Court (STF) resumes this Thursday (11), from 14h, the judgment of the defendants accused of an attempt to coup d’etat after the 2022 elections, which includes the former president Jair Bolsonaro (PL).
The minister Cármen Lúcia It will be the first to vote on the day and play a decisive role for defendants’ destination. Its demonstration may tie the score for Bolsonaro’s acquittal or form a majority to condemn the accused.
Votes favorable to the conviction integrated from the rapporteur, minister Alexandre de Moraesand Flávio Dino. According to them, all defendants must be held responsible for the crimes pointed out by the PGR (Attorney General’s Office). Nevertheless, Dino considers that Augusto Heleno, Alexandre Ramagem e Paulo Sérgio Nogueira .
and condemning only Lieutenant Colonel Mauro Cid and Walter Braga Netto for attempted abolition of the Democratic Rule of Law.
With the scenario, Braga Netto and Cid Defendants are the only defendants with a majority formed by the conviction for at least one crime.
Thursday’s session was scheduled to start in the morning, but was relocated by the president of the board, Cristiano Zanin, after the extensive vote of Minister Luiz Fux, who lasted almost 14 hours, and ended late Wednesday night.
Only Carmen Lúcia remains and the collegiate’s own president to end the analysis of the preliminary issues and the merit of the prosecution of the PGR.
In case of formation of a majority for conviction, after all ministers vote, the board will discuss the dosimetry of the penalties to the convicts.
The defendants are accused of armed criminal organization, attempted violent abolition of the Democratic Rule of Law, coup d’état, qualified damage against the public assets of the Union and deterioration of overturned assets.
Only Alexandre Ramagem is accused of three crimes: armed criminal organization, attempted violent abolition of the Democratic Rule of Law and coup d’état. Two crimes were suspended after decision of the Chamber of Deputies and partial approval by the first class of the Supreme Court.
Who are the defendants?
- Jair Bolsonaro, Former President of the Republic;
- Alexandre Ramagem, Federal Deputy and former director of ABIN (Brazilian Intelligence Agency);
- Almir Garnier, Former Navy Commander;
- Anderson Torres, Former Minister of Justice and former Secretary of Public Security of the Federal District;
- Augusto Heleno, Former GSI Minister (Institutional Security Office);
- Mauro Cid, Former Jair Bolsonaro’s orders;
- Paulo Sérgio Nogueira, Former Defense Minister; and
- Walter Braga Netto, Former Minister of the Civil House and Defense and candidate for deputy on the plate of Jair Bolsonaro in 2022.
VOTES ON BOLSONARO
The score for the former president is 2-1 for conviction in the five crimes. To Moraes ,. The rapporteur even mentioned the draft of the coup, mentioning that the former president would have admitted to discuss exception measures in interrogation.
Flávio Dino accompanied Moraes. According to him, and therefore should receive more severe penalties. Dino also maintained that there were executory acts, that is, that the accused effectively began the attempted coup.
In the divergence, which, in the case of Bolsonaro, would characterize autogolpe, removing the condemnation by logic.
In the vote, the last minister disregarded the “draft coup” as a plan proof against the state and added that there is no evidence that Bolsonaro had contact with the document or knowledge of the plan called “green and yellow dagger”.
