Experts disagree about the decision that allowed the execution of the former president’s sentence to begin immediately
Legal experts consulted by the Poder360 differ on the end of the process of sentencing the former president (PL) for an attempted coup d’état. The STF (Supreme Federal Court) informed this Tuesday (25.Nov.2025) that there are no more appeals against the sentence of . The decision led to the immediate beginning of the sentence at the PF Superintendence (Federal Police) in Brasília, where the former president has been imprisoned since Saturday (Nov 22).
The former president’s defense did not file new motions for clarification — the deadline ended at 11:59 pm on Monday (Nov 24). For some of the lawyers consulted, however, the final decision was a decision “hurried”since it would still be possible, in theory, to file infringing embargoes, an appeal aimed at contesting the merits of the decision. The former president’s lawyer, , said that the defense will still follow this path.
“Being aware of the certification of the final and unappealable decision, the defense of former President Jair Messias Bolsonaro informs that the Internal Regulations of the Federal Supreme Court, in its article 333, item I, determine that embargoes in violation of the non-unanimous decision of the Panel may be filed”no X (ex-Twitter).
The STF jurisprudence establishes that offenders are only admitted when there are at least 2 votes for acquittal in the Panel. In Bolsonaro’s case, only Minister Luiz Fux disagreed, which would substantially reduce the chances of success. Alexandre de Moraes, rapporteur of the case, cited this inadmissibility when determining the beginning of the sentence.
“Jair Messias Bolsonaro’s defense allowed the deadline for filing new embargoes for declaration in albis to pass, that is, without commenting. Therefore, any other appeal, including infringing embargoes, is unavailable”wrote Moraes.
Lawyer and doctor in constitutional law Guilherme Barcelos, partner at Barcelos Alarcon Advogados, believes that the Supreme Court anticipated the debate.
“Procedurally speaking, I understand it as something expected, yes. This is because the second Embargoes could not be known, which could lead to the certification of the final and unappealable decision, a continuous act. The issue is that the defenses could resort to Motions of Divergence, the term of which was still running. The Motions of Divergence would carry a strong possibility of not being known. But the discussion could be open. The defenses had the right to question their own jurisprudence. The certification of the transit was premature. There is run over”said Barcelos.
Criminal lawyer Pedro Bueno de Andrade claims that Moraes acted in accordance with current jurisprudence and had no obligation to wait for new appeals if he considered that the infractions were not applicable.
“If Minister Alexandre de Moraes understands that infringing embargoes are not applicable, as there was only 1 dissenting vote, he can determine the final and res judicata and order the immediate start of the execution of the sentence. The STF’s current jurisprudence only admits violating votes when there are 2 dissenting votes in the Panel or 4 in the Plenary”, stated.
Bolsonaro begins serving sentence
In a decision issued this Tuesday (Nov 25), Moraes ordered the beginning of the sentence for Bolsonaro, convicted in September by the 1st Panel of the STF. According to the minister, the former president must remain at the PF Superintendency in Brasília, where he is already in preventive detention.
“I determine the beginning of the sentence of Jair Messias Bolsonaro, in an initial closed regime, of the custodial sentence of 27 years and 3 months, with 24 years and 9 months of imprisonment (in a closed regime) and 2 years and 6 months of detention”wrote Moraes.
Bolsonaro was convicted of leading a criminal organization that tried to prevent the inauguration of elected president Luiz Inácio Lula da Silva (PT).
