The definition on Thursday (11) of the 4 to 1 scoreboard (PL) in the first class of (Supreme Federal Court) should restrict the possibilities of appeals to be presented by the defense of the former President of the Republic.
Bolsonaro was sentenced to 27 years and 3 months imprisonment for attempted coup and four other crimes – appropriateness of the Democratic Rule of Law, armed criminal organization, damage qualified to public assets and deterioration of listed heritage – on charges.
Voted for the former president’s conviction the rapporteur, and the ministers. Just voted.
The debate on the dosimetry of the penalties was started later this Thursday, around 6 pm, after the completion of Zanin’s vote.
After the trial, the Court will still have to publish the judgment with the result and the final terms of each minister’s votes. Only from there will it begin to tell the.
With the score of 4 to 1, the tendency is that the resources for the former president of the Republic are limited to the declaration embargoes. Infringing embargoes, which could bring the trial to the STF plenary, should not be admitted with this score.
Infringing embargoes are appropriate when there is divergent vote in favor of the defendant. It is not, however, of something guaranteed, because precedents of the supreme in recent years have imposed additional limits to the use of this type of appeal.
Specialists heard by Sheet They claim that if the ministers follow 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, which did not occur.
Other experts, on the other hand, do not rule out that the current process can lead to a new discussion about these parameters.
The declaration embargoes – other possible appeal – are reserved for situations in which the defense understands that there was obscurity, inaccuracy, contradiction or omission in the sentence. In this case, the discussion does not go to the plenary, but to the class that judged the case. That is, it would return to the ministers Moraes, Dino, Fux, Cármen Lúcia and Zanin.
The deadline for the presentation of the declaration embargoes is five days from the publication of the judgment.
There is no limit to the presentation of these embargoes, but if the Court understands that the resources are only intended to delay the closure of the process, may declare that it is merely delaying. O.
There are also other possible procedural tools, such as habeas corpus and writ of mandamus.
