The Minister of the Federal Supreme Court, Alexandre de Moraes, rejected this Tuesday (13) the appeal presented by Jair Bolsonaro’s defense so that the former president’s conviction could be analyzed in the Court’s plenary.
In his justification, Moraes considered that the request is legally unenforceable when the sentence is already being executed and all possibilities of appeal have been exhausted. In the minister’s understanding, a conviction cannot be challenged when the sentence is already being served.
Jair Bolsonaro has served a sentence of 27 years and three months in prison since November 22, after being convicted in the coup plot process.
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The request had been made on Monday (11) by the former president’s lawyers. In the appeal, an appeal, the defense requested the Court’s reconsideration so that an “infringing embargo” could be analyzed and the merit of the defense’s allegations could be assessed again.
According to the lawyers, Fux “highlighted the absolute absence of evidence of the imagined association of the aggravating party (Jair Bolsonaro) in the also imagined criminal organization”.
“For all these reasons, it is requested that this appeal be granted, reforming the aforementioned appealed decision, so that in the end the Infringing Embargoes are known and met so that, if the terms of the dissenting vote prevail, Jair Messias Bolsonaro is acquitted”.
In December, Bolsonaro’s defense had already requested a reassessment of the merits through an infringing embargo. At the time, Moraes argued that the STF’s current understanding was that infringing embargoes can only be filed against decisions of a class if there were two votes to acquit the defendant. In the case of the coup plot trial, there was only one, Fux.
