The lieutenant colonel’s defense decided not to appeal the decision of the (Supreme Federal Court) that sentenced him to serve for participating in the .
The team of lawyers assesses that the two-year sentence has already been served by Cid, considering the period in which he was imprisoned and subjected to precautionary measures. The defense pleads in the Supreme Court that of the lieutenant colonel.
“Having passed the sentence, with the sentence imposed thereon already served, it is clear that there is no reasonable basis for maintaining preventive precautions”, the lawyer told the STF on Friday (24).
The minister has yet to decide not to address the request for the termination of Cid’s sentence because the issue should only be addressed when the case against the soldier is closed in the Supreme Court.
Moraes only allowed the rules imposed against Mauro Cid to be relaxed to allow him to participate, on Saturday (1st), at his maternal grandmother’s 90th birthday party, in Brasília.
The defenses of the former president (PL) and seven others convicted of participating in the central nucleus of the coup plot have until this Monday (27) to file an appeal against the sentence handed down by the First Panel of the Supreme Court.
The deadline ends at 11:59 pm. With the exception of Cid, the other convicts will file motions for clarification — an appeal that points out obscurity, inaccuracy, contradiction or omission in the sentencing sentence.
The objective of defenses is to reduce the penalties imposed by the Supreme Court. One of the theses that will be raised is that the crimes of coup d’état and abolition of the Democratic Rule of Law would be the same. According to this understanding, one crime should absorb the other and the sentence would be reduced by approximately eight years.
The former president (sentence of 27 years and three months), the former minister of the Civil House (26 years), the former minister of Justice (24 years), the former head of the Navy (24 years), the former minister of the GSI (21 years), the former minister of Defense (19 years), the former head of Abin (16 years and one month) and the former aide de order (two years).
Seven of the eight defendants were convicted of the crimes of coup d’état, attempted abolition of the Democratic Rule of Law, criminal organization, qualified damage to public property and deterioration of listed property.
Ramagem’s conviction was limited to the first three crimes because the Chamber interrupted part of the process against the federal deputy. He must only respond for the invasion of the headquarters of Power, on January 8, 2023, after the end of the current legislature.
Mauro Cid’s sentence was set at two years as a result of his plea bargain agreement with the Federal Police. The soldier requested, as a first option, a judicial pardon. The Supreme Court understood that the benefit would be unconstitutional because crimes against the rule of law are not subject to amnesty.
The expectation in the Supreme Court is that the judgment of the appeals will begin this week, virtually.
The court’s jurisprudence establishes that sentences must only be served after the end of the process. This stage is usually only reached after the second embargo of declaration has been denied.
The prison sentences are expected to be served later this year. It is not defined whether Bolsonaro and the other convicts will be imprisoned in common prisons, military units or under home confinement.
