The week ended with an unprecedented outcome in the country’s recent history. The first class of (Supreme Federal Court) sentenced the former president (), 70, to 27 years and 3 months in prison for attempted coup and four other crimes.
This is the first time a former Brazilian head of government has been punished for planning an institutional rupture to remain in power.
The trial also condemned seven other defendants appointed by PGR as members of the central nucleus of the coup plot after Lula’s (PT) victory in 2022.
They were tried for five crimes:
- Armed criminal organization;
- Attempted violent abolition of the Democratic Rule of Law;
- Attempted coup d’etat;
- Qualified damage;
- Deterioration of listed assets.
The penalties applied were:
- 53, Federal Deputy and former director of ABIN: 16 years and 1 month;
- Almir Garnier Santos, 64, former Navy Commander: 24 years old;
- 48, former Justice Minister and former DF Security Secretary: 24 years old;
- Augusto Heleno, 77, former GSI chief: 21 years old;
- 67, former Minister of Defense: 19 years old;
- 68, former minister of the Civil House and Defense: 26 years;
- 46, former joint order and whistleblower: 2 years in open regime.
In the case of branch, the accusations after his diploma were suspended by decision of the House, and he responded only by criminal organization, attempted abolition of the Democratic Rule of Law and attempted coup.
The rapporteur opened the work with a vote of more than five hours. He listed 13 acts of execution of the coup attempt, from attacks to the electronic ballot box in 2021 to the articulation of plans to arrest ministers and murder authorities like Lula and himself.
He fully accompanied the rapporteur, although he suggested less relevance in the participation of some accused, such as Heleno and Ramagem.
He then opened the divergence and positioned himself for the acquittal of Bolsonaro and most defendants. Regarding Cid and Braga Netto, however, he defended the conviction only for the crime of attempted abolition of the Democratic Rule of Law. Your vote was eventually won.
On Thursday (11), and formed the majority for the conviction, setting the score 4-1.
Now the process enters the resource phase. The Supreme Court still needs to publish the judgment with votes and grounds, which can take up to 35 days.
From then on, there is a period of five days to present the Defense Embargoes for the Defense-a course used to request clarification on the judgment points. This type of appeal generally does not change the result.
Within 15 days, infringing embargoes may come. There is little chance of this kind of appeal, which could bring the discussion to the plenary, to be admitted, as there was only one vote for the acquittal of the defendants.
The execution of the penalties should only start after the exhaustion of these resources. The expectation between ministers, however, is that the arrest in closed regime will take place in 2025, possibly until December.
Bolsonaro, who today is under house arrest, should go to closed regime after the end of the initial resources. Moraes will be responsible for defining the place of serving the sentence, as the rapporteur of the case.
The main scenarios under analysis are a special cell at the Federal Police Superintendence in Brasilia, and the Papuda Penitentiary Complex – which has already received politicians like Paulo Maluf and Luiz Estevão.
The hypothesis of army arrest, although discussed, is considered less likely.
The defense of the former president should request the maintenance of the house arrest regime, taking into account his health history.
In the case of Cid, in open regime, the military may work and circulate normally during the day, provided that he complies with night payment and regular justifications to the courts.
The defense asked, claiming that the time of pre -trial detention and precautionary measures already complied with the two years of conviction. The lieutenant colonel also awaits the analysis of the army about his by compulsory quota.
The convictions take place amid political pressure in Congress by an amnesty project to Bolsonaro and the other defendants, a proposal that gained breath after the STF sentence. The government has already signaled that it can review positions, benefits to allies and amendments of parliamentarians who support the measure. Ministers of the Supreme, in turn, reiterated during the trial that crimes against the Democratic Rule of Law cannot be the target of pardon or forgiveness.
