The First Panel of the Federal Supreme Court (STF) formed a majority this Friday to reject the appeal from the former president’s defense that challenged his conviction for an attempted coup d’état and four other crimes.
The rapporteur of the action, , and the ministers and .
This stage of the process is one of the last after the former president was sentenced by the First Panel to 27 years and 3 months in prison under an initially closed sentence.
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The trial takes place in a virtual session, in which the collegiate ministers present their votes remotely and there is no public discussion. Even if the five members of the class vote in advance, the appeal analysis session remains open until 11:59 pm on Friday next week.
The ministers analyze the so-called embargoes for clarification, a type of appeal that aims to review possible errors and omissions when Bolsonaro was convicted by 4 votes to 1, in September.
In a 141-page vote, Moraes rejected each of the points questioned by Bolsonaro’s lawyers. For him, contrary to what the defense claims, there is no contradiction in the decision that condemned him for the crimes that occurred.
“It has been widely proven that the undemocratic acts carried out on 1/8/2023 consisted of yet another criminal stage by the armed criminal organization aimed at restricting the exercise of constitutional powers and the violent attempt to depose a legitimately constituted government,” said Moraes.
“The criminal authorship of the embargoer was also demonstrated, having exercised leadership of the armed criminal organization, with supporters having invaded the headquarters buildings of democratic institutions, destroyed, rendered useless and deteriorated assets of the Brazilian State, with the propagation of the false narrative of electoral fraud in the year 2022”, he contested.
The expectation, according to sources, is that the appeal will in fact be rejected and that the process will be effectively concluded, with the prospect of Bolsonaro beginning to serve his sentence later this month.
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When contacted, the former president’s defense did not respond to a request for comment on the Supreme Court’s vote.
Bolsonaro was found guilty by the Supreme Court of the crimes of attempted coup d’état, attempted violent abolition of the Democratic Rule of Law, armed criminal organization, qualified damage and deterioration of listed property.
Since the beginning of August, Bolsonaro has been under house arrest after failing to comply with precautionary measures in another case, in the investigation he was responding to together with his son, the federal deputy (PL-SP), for attempting to interfere in the STF trial by pressing for United States actions against court ministers.
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The former president was not denounced in this case by the Attorney General’s Office (PGR), but from Friday of next week, the 14th.
At the beginning of the week, . In response, Moraes ordered that the letter with this demand be removed from the process due to “lack of relevance”.
Even so, if the conviction is confirmed, Bolsonaro’s defense must make a request for the former president to remain under house arrest given the various complications and health issues he has been facing.
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