The defense of () asked the president of the (Supreme Federal Court) this Friday (8) to annul the process that resulted in the ex-president’s conviction for an attempted coup d’état.
With this, the former president’s lawyers begin a new process in court, called criminal review, which will gain another number — and will not be processed in criminal action 2668, the central core action of the 2022 coup plot and which has become final and unappealable.
They also ask that the rapporteur be selected only among the members of the Second Panel of the court, to ensure that command of the action does not fall to the same minister who carried out the conviction.
“The basis of this action is the reparation of the judicial error, so that the criminal jurisdiction can once again act in accordance with the postulates of justice”, say the lawyers.
The piece is signed by Marcelo Bessa and Thiago Lôbo Fleury.
The Second Panel is composed of , , , and , president. Fux participated in the First Class, voted for Bolsonaro’s acquittal and then asked to change collegiate.
In the 90-page request, the former president’s defense also asks for the annulment of the plea bargain of Mauro Cid, Bolsonaro’s former aide-de-camp and, thus, the nullity of all evidence arising from the lieutenant colonel’s collaboration.
The original rapporteur of the case, Alexandre de Moraes, officially sentenced Bolsonaro to 27 years and 3 months in prison on November 25th.
The final judgment is the end of the process and from when the sentence begins to be effectively served. Until then, Bolsonaro was complying with precautionary measures under the justification of risk of flight.
The defenses of those convicted, including Bolsonaro’s, if definitive, pointed out a restriction on the right to defense and promised new resources even with the conclusion of the action.
Lawyer Celso Vilardi, who represented Bolsonaro in the coup plot process, stated that the process had not yet ended, as the deadline for the defense to present infringing embargoes had not yet expired.
The defense presented this appeal, which was denied by Moraes on December 19. On January 12, the lawyers submitted a new appeal to the court, a regulatory appeal, which was considered impaired the following day.
“It is in this absolutely unique procedural context that this criminal review is proposed. What is submitted to this Supreme Court, with due respect, is the existence of objective, relevant and autonomous defects in the conviction title itself”, says this Friday’s request.
The pending criminal review does not prevent the execution of the criminal conviction, according to the Supreme Court’s own understanding.
The has rejected, in monocratic decisions and in the virtual plenary, requests of this type presented by those convicted of the coup acts of January 8, 2023 due to the absence of new facts or unprecedented evidence.
