The (Supreme Federal Court) released on Monday night (17) in the DJe (Electronic Justice Gazette) the ruling that rejected the former president’s first appeals () against for having led a coup plot after the defeat in the 2022 elections.
The official publication of the document, which will take place this Tuesday (18), so that the defenses of those convicted can present new appeals in the process.
The ruling is a document that details the collective decision of the magistrates in a trial — in this case, the rejection of the so-called embargoes for clarification by the ministers , , and , of the First Panel of the Supreme Court.
Bolsonaro is currently under house arrest and, after running out of resources,
The possibility was considered that the former president would remain at home, go to a special wing at the Papuda penitentiary, in the Federal District, to a cell at the Federal Police superintendence in Brasília or to some military unit.
Lawyers can file new motions for clarification, as appeals that ask for more clarification or that challenge omissions in the collegial decision are called, or even infringing motions, which attempt to modify the conviction.
Bolsonaro and other defendants will only be arrested when they can no longer present appeals. Normally, the STF has determined the execution of the sentence after rejecting the second embargoes. Moraes can order immediate arrest if he understands that the defenses have tried to delay the execution of the sentence.
The action is expected to be concluded in December — with the sentences beginning to be served in 2025. The location of Bolsonaro’s possible prison term in a closed regime is still unknown.
Their requests were also rejected (former minister of the Civil House), (former head of the Navy), (former minister of Defense), (former director of Abin and federal deputy), (former minister of the GSI) and (former minister of Justice).
The only one who did not appeal was Lieutenant Colonel Mauro Cid. As a benefit of the plea bargain agreement, Bolsonaro’s former aide-de-camp will not be imprisoned for his participation in the coup plot, as he was sentenced to just two years in open prison.
Rapporteur of the criminal action, Moraes was the first to vote and had his position supported by Dino, Zanin and Cármen. The minister, the only one to vote for Bolsonaro’s acquittal in the phase of analyzing the merits of the action, left the First Panel at his request and did not participate in the analysis of the appeals.
According to Moraes, the issues addressed by Bolsonaro’s lawyers and the other defendants in the embargoes have already been overcome throughout the process, from receiving the complaint to the trial.
The possibility is being considered that the former president will remain at home, go to a special wing at the Papuda penitentiary, in the Federal District, to a cell at the Federal Police superintendence in Brasília or to some military unit.
