Today, the minister declared the final decision for. In practice, this means that the former president’s defense will no longer be able to resort to any appeal (infringement or clarification embargoes) in court. With Moraes’ decision, Bolsonaro will be imprisoned in the Federal Police prison in .
Although the former president served 27 years in prison, the sentence could be reduced due to the progression of his regime and good behavior. But, obviously, for a person his age, even if his sentence is reduced, time in prison counts for a lot.
Thus, there remains hope that Bolsonaro will have his process annulled in the future. We have already seen this happen with the president, arrested by the judge (now senator) as part of the operation.
At the time, Lula’s defense took the case to the STF, and there the court decided that the Curitiba court did not have the jurisdiction to judge the case. For STF ministers, Lula’s case should be judged in Brasília. Another point for the annulment was considering Sergio Moro as a suspect judge.
There are coincidences with the Lava Jato case. The minister opened a divergence in his vote, pointing out that the case could not be judged by the STF, but by ordinary justice. This is because people there no longer had privileged jurisdiction.
It is true that there was a change of understanding in March of this year in the STF on this issue. Previously, if the person had jurisdiction due to the prerogative of their role (deputy, senator, ministers and president), they committed a crime during their term of office, and then lost their position; the case automatically passed to common justice.
Today, the Supreme Court’s understanding is different. If the person with privileged jurisdiction committed the crime during his term of office, he later lost his position; the process continues in the STF. However, as Fux pointed out, the STF’s change of understanding came after the coup plot and January 8th. In such a way that the change cannot be retroactive to harm the defendant.
According to some jurists, there is another point that can be annulled. It is the fact that Minister Moraes is the victim, the judge and a kind of prosecutor in the process regarding the attempted coup.
It is clear that Bolsonaro’s situation is more difficult than Lula’s, as the decision depends on a change in the STF’s understanding. But, if the past is a good guide, who would have imagined that, at the height of Lava Jato, it would be annulled, and Lula would return to the presidency?
*This text does not necessarily reflect the opinion of Jovem Pan.
