Former president Jair Bolsonaro (PL) and other convicts from the central core of the 2022 coup plot did not present new embargoes for declaration to the Federal Supreme Court (STF) until Monday (24), when the deadline for appeal is estimated to have ended. With this, the process can move forward to the analysis of the possible final and unappealable decision, a stage in which no further appeals are possible. The definition will be up to Minister Alexandre de Moraes, rapporteur of the case.
Representative Alexandre Ramagem (PL-RJ) and former minister Anderson Torres also did not appeal. Other defendants, members of the so-called crucial nucleus, filed embargoes. The list includes, among others, Mauro Cid, Marcelo Câmara, Filipe Martins, Walter Delgatti Neto, Rafael Martins de Oliveira and Ailton Barros.
Although the absence of new resources from Bolsonaro and his allies does not automatically end the process, it opens up space for Moraes to assess whether the embargoes presented by the others are sufficient to change the judgment or whether they are merely delaying in nature. If he concludes in the second hypothesis, he may consider the appeal stage to have been overcome and forward the case for eventual execution of the sentence, a move that would depend on confirmation by the First Panel.
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According to Folha de S.PauloSupreme Court ministers have internally cited the case of Fernando Collor as a reference. In the episode, successive appeals considered delaying led Moraes to close the appeal phase and determine the start of the execution of the sentence. Although there is no guarantee of a repeat understanding, the precedent is observed within the court as Bolsonaro’s process enters its most sensitive stage.
Bolsonaro and his allies’ decision not to appeal comes while the deadline for another type of challenge, infringing embargoes, remains open until December 3. This instrument is limited to cases with at least two disagreements, which did not occur in the trial of the coup plot: only former minister Luiz Fux disagreed before leaving the First Panel.
Preventive detention
On Monday, the collegiate also unanimously confirmed Moraes’ decision that transformed Bolsonaro’s house arrest into preventive detention. The former president was arrested on Saturday (22) at the Federal Police headquarters in Brasília, after violating the electronic ankle monitor with a soldering iron.
The arrest, requested by the PF, was decided as part of the obstruction of justice action, which also includes his son Eduardo Bolsonaro.
For Moraes, Bolsonaro demonstrated repeated failure to comply with precautionary measures. The minister recalled episodes in which the former president appeared in videos of supporters despite the ban on the use of social networks. Dino, Zanin and Cármen Lúcia accompanied the rapporteur in the virtual plenary.
“I used a hot iron, a hot iron there… curiosity,” Bolsonaro said to a server at the DF Penitentiary Administration Secretariat, in a video released after the arrest.
