With the conviction of former president Jair Bolsonaro (PL) and seven other defendants from core 1 of the coup plot, the next step is for the defenses to present appeals questioning the decision of the First Panel of the Court.
Those available: declaration embargoes. This type of appeal “is not intended to change the content of the judgment, but to fill a certain gap, remedy an obscurity”, explains the specialist in Constitutional Law, Gustavo Sampaio, professor at UFF (Universidade Federal Fluminense).
Once they have been filed, the rapporteur must submit the appeals to the First Panel — responsible for this criminal action. There is no deadline for the trial, which may take place in a virtual plenary session (without debate between ministers), to be scheduled.
In practice, these embargoes are usually rejected by the STF and are often interpreted as maneuvers to delay the end of criminal proceedings.
Another option is the infringing embargoesfor which the defense has a period of 15 days from the publication of the ruling.
This type of appeal would allow a new trial in the Court’s plenary, a panel made up of 11 ministers.
The STF has already decided in other cases that this appeal is only accepted when there is significant disagreement between the ministers, with at least two votes in favor of acquittal, which did not occur in the case against Bolsonaro.
But it is not an express and regulatory rule, just jurisprudence. This means that lawyers can try this feature, but the chance of it being accepted is very low.
Once the appeals phase is complete and the last decision is made, there is a final judgment — that is, the process is closed and the appropriate sentences can begin to be served.
Who are the defendants?
- Jair Bolsonaroformer President of the Republic;
- Alexandre Ramagemfederal deputy and former director of Abin (Brazilian Intelligence Agency);
- Almir Garnierformer Navy commander;
- Anderson Torresformer Minister of Justice and former Secretary of Public Security of the Federal District;
- Augustus Helenusformer minister of the GSI (Institutional Security Office);
- Mauro Cidformer aide-de-camp to Jair Bolsonaro;
- Paulo Sérgio Nogueiraformer Minister of Defense; and
- Walter Braga Netformer Minister of the Civil House and Defense and candidate for vice on Jair Bolsonaro’s ticket in 2022.
*By Renata Souza
