Army Commander, José Múcio and Alexandre de Moraes discussed on Monday (Nov 17) what the protocols would be; Augusto Heleno, Braga Netto and Paulo Sérgio Nogueira were convicted by the STF
In September 2025, Brazilian Justice, for the first time in its history, prosecuted officers of the highest rank in the Armed Forces for an attempted coup d’état. The arrest of names like generals Augustus Helenus, Walter Braga Net e Paulo Sérgio Nogueirahowever, must follow a very strict protocol and away from the spotlight.
The use of handcuffs is out of the question, as is the use of vans. There will also be no direct involvement of PF (Federal Police) agents, according to the report. Poder360.
The matter was addressed during a meeting held on Monday night (17.Nov.2025) between the Army commander, the Minister of Defense, José Múcio, and the minister of the STF (Supreme Federal Court) Alexandre de Moraes – rapporteur of the investigation into the coup attempt.
In September, former ministers of the (PL) government Augusto Heleno (Institutional Security Office), Walter Braga Netto (Defense and Civil House) and Paulo Sérgio Nogueira (Defense) were sentenced to 19, 26 and 21 years in prison, respectively, in an initial closed regime.
As there is still an appeal, they were not immediately arrested. The exception is Braga Netto, since December 2024 by decision of Moraes, who claimed he was a risk of flight. He is imprisoned at the 1st Army Division Command, in Rio de Janeiro, in a room with air conditioning, television, closet, minibar and private bathroom.
HIERARCHY
The Military Statute determines the “serving a sentence of imprisonment or detention only in a military organization of the respective Force whose commander, chief or director has hierarchical precedence over the prisoner”. This means that Braga Netto – as well as Heleno and Nogueira – can only be imprisoned where there is a soldier of equal rank as chief. In the case of generals, it is enough for the barracks commander to be a general, regardless of the number of stars.
The hierarchical issue of the Armed Forces also determines that high-ranking military personnel convicted of a coup attempt on January 8, 2023 must be taken by a superior officer to the place where they will serve their sentences.
O Poder360 found that the brigadier general Frederico Otávio Sawaf Batouli is one of those selected to fulfill this mission. Batouli is the head of the Legal Department of the Army’s general commander’s office.
Historically, the position was held by a colonel. This changed under General Tomás Paiva’s administration. After assuming general command of the Army, on February 7, 2023, under the government of the president (PT), Paiva determined that a general would occupy the position.
The decision, seen as exceptional, was just one of the changes imposed by the current general commander of the Army to deal with the possibility of high-ranking military personnel being arrested following the STF’s decision.
OTHER CHANGES
Another adjustment was made at the Planalto Military Command Headquarters, in Brasília – this is where Heleno and Nogueira can serve their sentences. Braga Netto should continue in Rio.
The Planalto Military Command has always been commanded by a division general (3 stars), supported by a colonel. Recently, however, brigadier general (2 stars) Marcos José Martins Coelho was appointed as deputy chief. He is expected to take up his new role soon.
O Poder360 found that the change reflects the general command’s concern in managing the problems that will arise from the arrests of general officers.
