The defenses of the defendants at the crucial core of the coup plot, including that of former president Jair Bolsonaro (PL), said they were outraged by the definitive conviction in the case, pointed out the restriction of the right to defense and promised new resources even with the conclusion of the action.
The minister of the STF (Supreme Federal Court) declared the case final and decided that the sentences would begin on Tuesday (25).
Lawyer Celso Vilardi, who represents Bolsonaro in the coup plot process, told the Mônica Bergamo column that he will present it to the Supreme Court. He said he considered that the case had not yet become final, as the deadline for the defense to present this type of embargo had not yet expired.
In a statement, Vilardi and two other lawyers for Bolsonaro, Paulo Bueno and Daniel Tesser, said that “it is worth remembering that, on the occasion of the trial of former president Fernando Collor and also of the Debora Rodrigues dos Santos case, the final judgment was only certified after the filing of the infringing embargoes, and the final judgment was surprising for the defense, with the inadmissibility of an appeal not yet proposed.”
In theory, there would be a deadline of next week to present the infringing embargoes, but there is consolidated jurisprudence in the court not to allow this to happen when there are less than two votes for the acquittal of the defendant in the class — and in Bolsonaro’s case there was only one, that of Luiz Fux.
The defense of the general, former Minister of Defense and former candidate for vice on Bolsonaro’s ticket, stated that he received the news of the definitive conviction with indignation.
Lawyer José Luis Oliveira Lima says he will continue trying to reverse the conviction, including appeals to international courts.
“Unfortunately, we see that the process is ending as it began: with the systematic violation of the right to defense,” he said.
Braga Netto has been in pre-trial detention since December 14, 2024, on charges of trying to interfere in investigations. “We reaffirm that the conviction of General Braga Netto is absolutely unfair and contrary to the evidence in the case”, said the defender.
The defense of Anderson Torres, former Minister of Justice, only asked that he be detained at the Federal Police Superintendency in the Federal District, where Bolsonaro is also detained, or at the Operational Aviation Battalion. Moraes ordered that he serve time in the so-called Papudinha.
Bolsonaro’s former ministers and former Navy commander were arrested this Tuesday (25) to begin serving the sentence to which they were sentenced by the (Supreme Federal Court) in the coup plot trial.
Paulo Nogueira’s defense also said they were surprised. The latest appeals presented, says lawyer Andrew Fernandes, were not delaying, as Moraes pointed out.
“Absolute arguments raised by the defense were not even assessed and the most alarming thing is that part of the sentence applied lacks the necessary justification and dosimetry. It was to remedy these defects that the motions for clarification were filed,” he said.
According to him, the penalty imposed by the First Panel would result in 16 years and 4 months in prison, and not 19 years, as the ruling says. “Where did another two years and six months of sentence come from?”
“The substantiation of decisions is a principle of fundamental value for a rational criminal process, guaranteeing the cognitive and non-potential nature of the judgment. Imposing a 2-year and 6-month sentence on General Paulo Sérgio without due justification would be violating a fundamental principle of the democratic regime”, states Fernandes.
The defense of General Augusto Heleno, made by Matheus Milanez, also said he was outraged by the conclusion of the process and criticized the progress of the case.
“The legitimacy of a justice system is inseparable from public confidence in its impartiality. It is with deep indignation that we witness a process that deviates from its purpose, turning into an exceptional trial,” he said.
He further stated that political influence overriding the technical analysis of evidence leads to a violation of the Rule of Law. “The defense of democracy requires that institutions be and appear fair.”
The lawyer also once again defended Heleno’s innocence.
“In the face of illegality and persecution, our fight for the annulment of this flawed process and for the formal recognition of his innocence will be tireless and uncompromising,” he stated.
The lawyer for former minister Anderson Torres (Justice) said that he received Moraes’ communication with serenity.
“The former minister of justice was discussing with his lawyers the presentation of an appeal, the deadline for which is December 3rd, when he received the news of the anticipation of the final judgment and immediately decided to present himself at the place designated to serve the sentence”, said lawyer Eumar Novacki, in a statement.
“[Anderson] He regrets that the countless pieces of evidence demonstrating that he was not involved, directly or indirectly, in any attempted coup d’état, were not even considered in the decision that sentenced him to a very harsh sentence of 24 years in prison.”
