The minister of the (Supreme Federal Court) voted this Friday (7) to deny an appeal presented by the defense of the former president (PL) against his conviction in , and his position has already been supported by .
The votes for and are missing. The minister left the First Panel of the Supreme Court and will not analyze the appeals of the former president and the other defendants in the coup plot.
According to Moraes, the issues addressed by Bolsonaro’s lawyers have already been overcome throughout the process, from receiving the complaint to the trial.
“The defensive argument raising contradiction or omission in the dosimetry of the sentence is unfeasible, since the ruling substantiated all stages of the calculation of the sentence against the appellant, including specifying the setting of Jair Messias Bolsonaro’s sentence in relation to each criminal conduct that the defendant committed”, says Moraes in the vote.
Moraes’ vote rebuts the seven points of controversy raised by the former president’s defense, such as the allegation that the Supreme Court was silent and contradicted itself when defining the dosimetry of the penalty and by not discussing the thesis of Bolsonaro’s voluntary withdrawal from the coup d’état plan.
The minister argues that Bolsonaro “acted, intentionally, to structure a coup project that disrupted democratic institutions.” He highlighted that, as stated during the trial, the coup d’état was not consummated for reasons beyond the control of the former president.
“The condemnatory ruling expressly addressed the defensive thesis of voluntary withdrawal raised [pelo] embargo, having absolutely rejected the appellant’s argument, due to the evident criminal action in the consummation of the crimes charged”, said Moraes.
The rapporteur also stated that the sentence of 27 years and three months in prison set for Bolsonaro followed all the criteria provided for by legislation, having been stipulated at higher levels due to “the existence of judicial circumstances that are largely unfavorable to the defendant Jair Messias Bolsonaro”.
The judgment of the First Panel of the court takes place in the virtual plenary — a remote environment through which ministers record their positions and there is no room for debate. The session is . There is the possibility of requesting a review (more time for analysis) or highlighting (which takes the judgment to the physical plenary).
Unlike the in-person discussion, there is no order for demonstrations, and ministers can vote at any time within the scheduled period.
The expectation is that the ministers will present their votes quickly, according to two of them heard by the Sheetand that the result is unanimous against the appeal presented by Bolsonaro.
The embargo judgment marks the beginning of a new phase in the case against the former president. The action is expected to end in December — with prison enforcement beginning in 2025.
Bolsonaro is currently under house arrest and, after running out of resources, the possibility of staying at home, going to a special wing in Papuda, a cell at the Federal Police superintendency in Brasília or some military unit has already been considered.
In the appeal, he stated that the conviction was inaccurate and omitted on several points. Lawyers are trying, in this way, to reduce the sentence imposed on the former president.
“As has always been highlighted by all parties and by this C. Panel, the facts alleged are serious and the present case is a historic criminal action. But the contradictions and omissions detailed here show, rather, the injustice of the defendant’s conviction”, said the defense.
The was mentioned six times in the appeal presented to the Supreme Court. In one of the mentions, Bolsonaro’s defense argues that only the minister detailed in his vote the defensive thesis that the former president voluntarily gave up on advancing the .
Bolsonaro was sentenced to 27 years and three months in prison after being accused of leading a plot to remain in power, committing the crimes of attempted coup d’état, abolition of the democratic rule of law, armed criminal organization, qualified damage to public property and deterioration of listed property.
The conviction keeps Bolsonaro ineligible for up to eight years after the end of his sentence — a period that should end in 2060.
