Decision by Minister Alexandre de Moraes closes the appeals phase and opens the immediate way for prison sentences to be served
A technical expression dominated the political-legal news this Tuesday (25): the final judgment. The term returned to the spotlight after the minister of the Federal Supreme Court (), declared the closure of criminal proceedings against the former president, convicted of an attempted coup d’état. The measure also extends to and .
But, after all, what does this term mean and what are its practical consequences?
End of the procedural line
In Brazilian law, final judgment represents the moment in which a judicial decision becomes definitive and immutable. This occurs when there is no longer any possibility of appeal by the defense, either because all instances and appeals have been exhausted, or because the legal deadline to contest the decision has expired without a response from lawyers.
In practical terms, saying that a case “has become final” means that the discussion about the defendant’s guilt or innocence is over. The sentence becomes a judicial executive order, obliging the State to immediately begin serving the imposed sentence.
Context of the decision
In the current scenario, Moraes’ statement formalizes that Bolsonaro’s conviction by the First Panel of the STF can no longer be reversed. The former president received a sentence of 27 years and 3 months in prison, in an initial closed regime, accused of heading a criminal organization with the aim of preventing the inauguration of President Luiz Inácio da Silva (PT) and undermining the Democratic Rule of Law.
The final milestone for the process occurred after the deadline, last Monday (24), for the presentation of the second motions for clarification. This type of appeal is used only to resolve doubts or contradictions in the text of the decision, rarely having the force to change the length of the sentence or the merit of the conviction.
Unlike other defendants who tried to present new appeals — which were considered untenable by Moraes — Bolsonaro’s defense chose not to challenge the decision again, allowing the deadline to expire.
Next steps: execution of the sentence
With the recognition of the final judgment, the knowledge phase (where the evidence and merits are discussed) gives way to the criminal execution phase. The direct consequence of the rapporteur’s decision is the order for arrests.
From now on, it is up to Minister Alexandre de Moraes to define the prison establishments where the convicts will be taken, making official the beginning of compliance with the sanctions imposed by the Supreme Court.
