The Court acknowledged that the group was mentor of a criminal organization, which sought the perpetuation in power, through self -ogele or preventing the possession of President Lula, elected in 2022
The former president (PL) was convicted by the First Class of the Supreme Court (STF), 4-1, for leading an attempt to coup articulated between 2021 and 2023. The decision marks the first time in the history of Brazil in which a former chief of state and military is convicted of paying attention against democracy.
The Court acknowledged that the group was mentor of a criminal organization, seeking the perpetuation in power, through self -ogish or preventing the possession of President Luiz Inacio Lula da Silva (PT), elected in 2022. The ministers understood that the criminal organization led by Bolsonaro performed executory acts to fulfill the plan. The conviction complies with the request of the Attorney General’s Office (PGR).
In addition to Bolsonaro, the court condemned all the other seven defendants that make up the so -called “crucial core” of the criminal organization accused by PGR. The penalties will be fixed at a later time, which may be after the conclusion of the vote of Minister Cristiano Zanin or this Friday (12).
See who the defendants are
-Jair Bolsonaro, former President of the Republic;
-Mauro Cid, former Bolsonaro Orders of Orders;
-Almir Garnier, former Navy Commander;
-Alexandre Ramagem, former director of the Brazilian Intelligence Agency (Abin);
-Anderson Torres, former Minister of Justice;
-General Augusto Heleno, former Minister of the Institutional Security Office (GSI);
-General Paulo Sérgio Nogueira, former Minister of Defense;
– General Braga Netto, vice on Bolsonaro’s plate in 2022.
The group was convicted of attempted violent abolition of the Democratic Rule of Law, coup, participation in armed criminal organization, qualified damage and deterioration of listed heritage. The penalties, added, can reach 43 years, but this calibration will be done next.
The conviction is based on a law sanctioned by the former president himself in 2021. The measure replaced the National Security Law (LSN), from the time of the dictatorship, with new crimes-including violent abolition of the Democratic Rule of Law and coup d’état, which were imputed to the defendants.
Vote of Moraes
The rapporteur, Minister Alexandre de Moraes, voted to condemn all defendants and was accompanied by the ministers Flávio Dino, Cármen Lúcia and Cristiano Zanin. Dino made reservations regarding their participation, proposing minor penalties to Augusto Heleno, Alexandre Ramagem and Paulo Sérgio Nogueira. The dosimetry will be discussed next.
In his vote, Moraes considered that the defendants “committed all criminal offenses imputed by the Attorney General’s Office in the competition of agents and in material competition.” The complaint pointed out that the defendants of the ‘crucial core’ of the coup “have been freely, consciously and voluntarily integrated, a criminal organization – constituted from at least June 29, 2021 and operating until January 8, 2023, with the use of weapons – which used violence and serious threat with the objective of preventing the regular functioning of the Powers of the Republic.”
According to the minister, the evidence produced in court leave no doubt about the intense interaction and direct access that all defendants had with the leader of the criminal organization, Jair Bolsonaro. Also according to the minister, it is sufficient to have adhered to the criminal organization and be available for the framework.
“The criminal action and the practice of executory acts by the criminal organization began with the use of public agencies, to build and disseminate a false and unlawful version of the vulnerability of the electronic ballot boxes and the lack of legitimacy of Electoral Justice, with the purpose of generating institutional instability and social chaos, creating a future situation in the country that would enable the restriction of the full exercise of the judiciary, or until the period, either or An eventual continuity of the government, in case of victory or the decree of a coup, if the electoral result were unfavorable, ”he said.
Moraes argued that the criminal organization began a sequence of enforceable acts that consumed the crimes of criminal organization, violent abolition of the Democratic Rule of Law and coup d’état. “The defendants tried, with the use of serious threat, to abolish the Democratic Rule of Law, preventing or restricting the exercise of constitutional powers, especially the judiciary with a clear intention of maintaining their political group in power, in the same way, through various executory acts aimed at trying to testify through violence or serious threat the government,” he said.
Divergence
Minister Luiz Fux was the only one to diverge and voted to convict only two of the eight defendants: Lieutenant Colonel Mauro Cid, whistleblower, and General Braga Netto, former Minister of Defense. The pivot of the military framework for the crime of violent abolition of the Democratic Rule of Law was the Yellow Green Dranks plan, with planning and execution – aborted when the executors were already on the streets – from an operation to murder Minister Alexandre de Moraes, rapporteur of criminal action.
Fux also defended the absolute nullity of the whole process, on the grounds of an alleged incompetence of the maximum court and the first class to analyze the process.
*With information from Estadão Content
Posted by Carol Santos
