Request, filed in the form of a motion for clarification, seeks to clarify points that the defense considers omitted or contradictory in the trial ruling, which has more than 2 thousand pages
The former president’s defense presented to the an 84-page appeal asking for a review of the conviction in the case in which he was sentenced to 27 years in prison for the crimes of attempted coup d’état and violent abolition of the Democratic Rule of Law. The request, filed in the form of a motion for clarification, seeks to clarify points that the defense considers omitted or contradictory in the trial ruling, which has more than 2 thousand pages.
Although this type of appeal does not change the outcome of the trial, the defense is trying to reduce or annul the sentences imposed on Bolsonaro and other convicts, such as former minister Walter Braga Netto, who received a 26-year sentence. The lawyers claim that the ruling contains “profound injustices” and reiterate that there is no evidence linking the former president to the attacks on January 8, when the headquarters of the Three Powers were invaded in Brasília.
The document cites the dissenting vote of Minister Luiz Fux, who defended the acquittal of the five main defendants, arguing that the crimes of coup and abolition of the Democratic Rule of Law would be mutually dependent, which would prevent double liability. The defense also alleges a restriction on the defense, pointing out the large volume of evidence and the lack of time to analyze it, in addition to the prohibition of lawyers from attending interrogations of defendants from other centers.
The embargoes will first be analyzed by Minister Alexandre de Moraes, rapporteur of the case. The decision must then be submitted to the First Panel of the STF, chaired by Minister Flávio Dino, who will define whether or not the appeal will be accepted. According to legal sources, the embargoes are unlikely to change the outcome of the trial, as they repeat previously rejected arguments. The tendency is for the process to be closed later this year, with the STF also analyzing how the sentences imposed on the defendants will be fulfilled.
