The first class of (Supreme Federal Court) requested on Thursday (11) the withdrawal of the military patent of former President Jair Bolsonaro (PL), retired army captain, and the four generals convicted of the coup plot. The case will be sent to the STM (Superior Military Court), which must analyze the punishment, provided for in article 142 of the Constitution.
The class also determined the loss of the mandate of federal deputy of (-RJ) and the loss of his positions and former Justice Minister Anderson Torres in the Federal Police.
Of the eight convicted on Thursday, six are military: Bolsonaro (retired captain) ,,, (generals) and (lieutenant colonel). Ramage and towers, the only two civilians, are PF delegates.
Cid was spared by the Supreme Ministers due to the benefits of award -winning denunciation.
Bolsonaro was sentenced to 27 years and 3 months in prison for attempted coup and four other crimes, on charges.
As a retired captain, the former president receives a salary of $ 12,861 even though he spent more time in reserve than active. He entered the army in 1973 and left in 1988 – for years after starting one in which he criticized the wages of the military.
The Military Public Prosecution Service must wait for the final judgment (termination of the case) in the Supreme Court to send a representation to the STM. As the military has been sentenced to more than two years in prison, the ministers of the Military Court are expected to determine the loss of the post and the patent.
The military expelled from force by convictions in the judiciary are called “fictitious dead.” They lose the acquired rights during their careers, such as the special arrest, and their salaries are passed on to family members by way of pension.
In the case of branch and towers, the first class of the Supreme has already determined the loss of public positions – which includes the vacancy in the House of Representatives, in the case of branch.
“Since if the penalty is in closed regime, this does not correspond to the possibility of continuing to exercise the mandate. It is the number of absences that the article provides for […]. I propose to apply our precedent by decreeing the loss of the mandate, being declared by the Board of the Chamber of Deputies, “said Minister Alexandre de Moraes, rapporteur of the case.
Ramagem was the only one convicted of three crimes instead of five. The lawsuit against the parliamentarian was partially suspended by, without now responding for the crimes of qualified damage to public assets and deterioration of the overturned assets.
In June, Moraes also ordered the federal of Carla Zambelli (PL-SP), sentenced by the First Class of the Supreme Court in May for planning and commanding the invasion of institutional systems of the CNJ (National Council of Justice) to issue release permits and arrest warrant.
The first witness was heard only by the CCJ (Constitution and Justice Commission) of the House of Representatives on Wednesday (10).
After the hearings, the rapporteur of the case will have five sessions to present an opinion. After voting on the case by the CCJ, the removal of the mandate will be decided by the plenary of the House – a major majority of 257 votes.
