The first class of (Supreme Federal Court) enters this Thursday (11) on the third day of votes of its ministers in. It is expected that members of the board will form a majority to condemn the former president (PL).
The discussion will be resumed at 14h. This Thursday’s session was scheduled for 9am, but, due to the postponement of the end of the session of Wednesday (10) due to the duration of about 12 hours of the minister’s vote, the president of the first class, suggested the change, accepted by the other magistrates.
The votes of the minister and Zanin himself are still missing. The rapporteur has already voted as well as Fux.
Moraes and Dino voted on Tuesday (9) and seven other allies for crimes of armed criminal organization, violent abolition of the Democratic Rule of Law, coup d’état, damage qualified to public assets and deterioration of equity listed, according to the complaint (Attorney General’s Office).
Fux, who was the great Bolsonarist hope and whose Wednesday (10), was placed against various points of the complaint of PGR and. He defended. The minister’s statements took longer than those of the rapporteur of the process.
According to Fux, attacks on the headquarters of powers on January 8, 2023 were action of. He compared the case to the action of the Black Blocs – groups that depreciated shops, banks and other establishments – in the demonstrations of June 2013.
The minister already at the beginning of his speech. “The denunciation did not narrate in any excerpt a horizon of definite temporal space, this is not in the complaint. This is absolutely not what was narrated in the initial accusatory. It did not narrate the permanence and stability of the organization,” he said.
The minister also indicted, in the first minutes of his statement, that he would stand against the conviction of defendants for the crime of damage to the public equity. According to him, the bond of the accused with the attacks was not shown.
Fux’s posture regarding the minister’s hardness against less important people who were convicted of January 8.
At the beginning of his vote, he. Stated that the case should run in the first instance, not in the STF; that, being performed by the Supreme, the deliberation should be in the plenary and not in the first class; Finally, he indicated to agree with the complaints of curtailment to the defenses.
Allied politicians of Bolsonaro. The group identified, in the minister’s vote, a breach of the former president’s defense to bring his questions to the Supreme Plenary. Also in the assessment of the pockets, thanks to Fux’s vote there is a possibility to nullify probable convictions to Bolsonaro in the future if the political conjuncture changes.
The former president may be sentenced to more than 40 years in prison if he receives the maximum penalty. It is to breach precautionary measures determined by Moraes. The defendants in trial are:
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Jair Bolsonaroformer President of the Republic and Reformed Captain of the Army;
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federal deputy and former director of ABIN;
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Almir Garnierformer commander of the Navy and Admiral of the Reserve;
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former Minister of Justice and former Secretary of Public Security of the Federal District;
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Augusto Helenoformer GSI minister and reserve general;
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ex-assistant of orders from Jair Bolsonaro, Army Lieutenant Colonel and Proceedings whistleblower;
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former defense minister and reserve general;
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former minister of the Civil House and Defense and General of Reserve.
There is already a majority for convictions against and attempting to abolish the Democratic Rule of Law. Fux voted against the two defendants at this point, in the only convictions of his statement of about 12 hours. On Tuesday, Moraes and Dino had already recommended the condemnation of the two military for all the crimes pointed out by PGR.
The trial is expected to be closed on Thursday or Friday (12). In addition to deciding or not to condemn the defendants, the ministers will also have to define the dosimetry of the penalties – or how years in prison or other punishment each convict will be submitted.