The (Supreme Federal Court) applied to the former president (PL) a 27-year and three months sentence after the defeat to the former president (PT) in the 2022 elections, considering factors that increased these values and also those that reduced.
According to the class vote, there will be 24 years and nine months of imprisonment and the rest of detention. The initial regime is closed.
Beginning the execution of the sentence, Bolsonaro would have to serve at least 3 years, 11 months and 15 days in prison in closed regime before passing to the semi -open.
This duration takes into account the minimum margin for progression, equivalent to 16% of the imprisonment period applied by the Supreme Court. According to the law of criminal executions, however, this period may be higher depending on the assessment of the severity of some of the crimes, committed with violence or serious threat – the crimes of coup and violent abolition of the Democratic Rule of Law.
He was also sentenced to pay 124-day-to-fine, and each of these days is equivalent to two minimum wages at the time of the facts he was convicted-if the base is January 8, 2023, this amount should be close to R $ 320 thousand.
Initially, Moraes had defined the value of each day-long on a minimum wage, but Minister Flávio Dino said Bolsonaro would have “high economic capacity” and proposed the increase of this value. Moraes agreed and said the former president would have “confessed that he received $ 40 million in Pix”. Dino added, “I wasn’t remembering the value if I would not propose three.”
The conviction still expands by 2062 the period in which Bolsonaro may be ineligible. This is because the interval away from the ballot boxes extends 8 years after the end of the penalty given by the first class. The former president for convictions of the (Superior Electoral Court) for abuse of power.
Bolsonaro was convicted of 4 votes to 1 by coup d’état and four other crimes. It is the first time in the history of the country that a former president must be.
After the conviction, the ministers passed to dosimetry, in which they discussed the size of the penalty in the action of the central core of the coup plot.
In addition to a coup d’état, Bolsonaro was convicted by the Supreme for crimes of abolition of the Democratic Rule of Law, armed criminal organization, damage qualified to public heritage and deterioration of overturned assets.
Bolsonaro was convicted by ministers for 7 years and 7 months for leading an armed criminal organization and 6 years and 6 months for attempted abolition of the Democratic Rule of Law. By coup d’état, he was sentenced to a penalty of 8 years and 2 months.
In addition, the former president was convicted twice to 2 years and 6 months and 62 days-fine for qualified damage and for deterioration of the overturned assets.
The rapporteur of the case, Alexandre de Moraes, said that the severity and intensity of the judicial circumstances were widely harmful to the former president. He had, however, attenuating due to his age – he is currently 70 years old.
“Depositary of the electorate’s confidence, he acted maliciously to induce the population in error, notably in relation to the integrity of the voting system and the electronic ballot boxes,” Moraes said in his vote.
“It is expected that the one who is democratically elected to the highest position of the Republic Rate with his attitudes more rigorously. However, that is not what happened.”
President of Brazil from 2019 to 2022, Bolsonaro is under house arrest, amid the offensive of his son, deputy, abroad to obtain sanctions from the country.
The former president should only be arrested as convicted (and eventually in closed regime), when Bolsonaro’s defense no longer has appeals to the Supreme. The jurisprudence of the Court defines that the sentence should only be served after the rejection of the first two embargoes of declaration.
These embargoes usually do not change the result of the trial, but seek to clarify any omissions or errors in the decision.
Bolsonaro’s conviction takes place amid the pressure of allies by one and is inserted in a political polarization environment with implications in next year’s presidential election. STF ministers have been positioning themselves against this forgiveness and in defense of the punishment of.
Voted for the condemnation of Bolsonaro the rapporteur of the case, and the ministers, and. He has already voted for the acquittal of the former president. He did not participate in the vote on the penalty dosimetry.
Moraes opened the voting sessions on Tuesday (9), with a long position in which he attributed Bolsonaro the leadership role of the plot. “The leader of the criminal group makes clear, in public, publicly, that he would never accept a defeat at the polls, a democratic defeat in the elections, which would never fulfill popular will,” he said.
Dino was the second to vote. He fully followed Moraes’s position on the conviction of Bolsonaro and most defendants, stating that “there is no doubt” that former President and Braga Netto occupied positions of command in the criminal organization. He indicated that he could vote for milder penalties for some defendants, such as former ministers Augusto Heleno and Paulo Sérgio Nogueira.
In a vote about 12 hours long, more than double the time used by Moraes, Fux rejected the accusations against Bolsonaro and four other defendants. He voted for the conviction of the lieutenant colonel and the former minister for only one of the five crimes: attempt to abolish the Democratic Rule of Law.
