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STF begins judging appeals from Bolsonaro and allies against conviction

by Andrea
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The trial of nucleus 1 of the coup plot will be held virtually and will begin at 11 am; voting will be open until 11:59 pm next Friday (14)

Luiz Silveira/STF
Minister Luiz Fux should not participate in the trial

The First Class of starts this Friday (7), in the judgment of the appeals of the and six more defendants against conviction in the criminal action of Nucleus 1 of the coup plot. The trial will be held virtually and will begin at 11 am. Voting will be open until 11:59 pm next Friday (14).

The so-called embargoes for clarification are on trial, an appeal that aims to clarify omissions and contradictions in the final text of the trial, which was held on September 11 and ended with the conviction of Bolsonaro and his allies in the plot.

This type of appeal does not have the power to review the outcome of the trial and is usually rejected. The first vote will be given by the rapporteur, minister Alexandre de Moraes. Then, the other ministers are free to enter the votes into the electronic system. Ministers Cristiano Zanin, Cármen Lúcia and Flávio Dino are eligible to vote.

O should not participate in the trial. Last month, Fux moved to the Second Panel of the Court after voting to acquit Bolsonaro. This way, only four ministers will judge the appeals.

Prison

Currently, former president Bolsonaro is in precautionary detention due to investigations into the inquiry into the United States tariffs against Brazil. If the appeal is rejected, the arrest of Bolsonaro and the other defendants could be ordered.

The former president can serve the definitive sentence in the coup criminal case at the Papuda Prison, in Brasília, or in a special room at the Federal Police. The final decision will be made by Alexandre de Moraes. The remaining convicts are military personnel and delegates of the and they will be able to serve their sentences in Armed Forces barracks or in special wings in Papuda itself.

Given Bolsonaro’s health condition, the defense may also request that the former president be kept under house arrest, as occurred with former president Fernando Collor. Convicted by the Supreme Court in one of the Operation Lava Jato cases, Collor was sent to a prison in Maceió, but gained the right to serve his sentence at home, under electronic ankle bracelet monitoring, for health reasons.

Check the penalties defined for those convicted

– Jair Bolsonaro – former President of the Republic: 27 years and three months;
– Walter Braga Netto – former Bolsonaro minister and candidate for vice president on the 2022 ticket: 26 years old;
– Almir Garnier – former Navy commander: 24 years;
– Anderson Torres – former Minister of Justice and former Secretary of Security of the Federal District: 24 years;
– Augusto Heleno – former minister of the Institutional Security Office (GSI): 21 years old;
– Paulo Sérgio Nogueira – former Minister of Defense: 19 years;
– Alexandre Ramagem – former director of the Brazilian Intelligence Agency (Abin): 16 years, one month and 15 days.

Ramagem was only convicted of the crimes of armed criminal organization, attempted violent abolition of the Democratic Rule of Law and coup d’état. He is a federal deputy and had part of the charges suspended. The measure applies to crimes of damage qualified by violence and serious threat against the Union’s property, and with considerable damage to the victim and deterioration of listed property, both related to the coup acts of January 8th.

Bolsonaro’s former aide-de-camp, signed a plea bargain during the investigations and did not appeal the conviction. He is already serving his sentence in an open regime and has removed his electronic ankle bracelet.

*With information from Agência Brasil

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