Document brings together the report of the process, the reasons given by the ministers and makes the decision official; After its publication, there is a period of five days for defenses to present new appeals
The Federal Supreme Court () published this Tuesday (18) the ruling on the appeals of the former president and six other defendants in the coup plot case. The four members of the First Panel voted to reject the embargoes for clarification. The document brings together the process report, the ministers’ reasons and makes the decision official. It is only after the publication of the ruling that the defenses can appeal again.
The trial of the first appeals ended last Friday (14), in the virtual plenary. The ministers unanimously rejected the defense requests.
Bolsonaro was sentenced to 27 years and 3 months in prison for the crimes of armed criminal organization, coup d’état, attempted violent abolition of the Democratic Rule of Law, deterioration of listed property and qualified damage to Union property. Seven other defendants were also convicted of the same crimes.
Next steps
From the day following the publication of the ruling, there is a period of five days for the defenses of the seven defendants to present new appeals. If any defendant does not appeal again, a final judgment will be declared, that is, the official end of the process, with the determination of the beginning of the sentence. At least in Bolsonaro’s case, there must be a new appeal.
When should the arrest take place?
As shown by the Estadãothe most likely scenario is that the defendant will be taken to the Papuda Penitentiary, in Brasília. This should occur between the end of this month and the beginning of December.
Although the rapporteur, , has adopted an accelerated pace in processing the processes, it is necessary to comply with the procedural deadlines provided for by law.
Bolsonaro’s defense has the right to present a new appeal and must do so. The so-called infringing embargoes would give the defendant the right to a new trial. However, for lawyers to obtain this benefit, it would be necessary for the First Panel’s scorecard to have recorded two votes for acquittal in the trial of the criminal case, according to STF jurisprudence. As he only voted in favor of Bolsonaro, the appeal must be rejected. The practical effect will only be to postpone the beginning of the sentence.
*With information from Estadão Conteúdo
Published by Nícolas Robert
