The minister, of the (Federal Supreme Court), determined this Wednesday (27) that the (Attorney General’s Office) respond within 20 days regarding the (PL).
In an order, the rapporteur mentioned that the Code of Criminal Procedure establishes that, in actions such as the one filed by Bolsonaro’s defense, the PGR must have ten days to present its opinion. However, Kassio understood that more time was needed for the analysis as it involved a former president.
“Given the complexity of the case, which involves the trial of the former president of the Republic, I believe it is necessary to extend the deadline set for the Federal Public Ministry’s statement,” wrote the minister in his decision.
Bolsonaro’s lawyers are asking for the attempted coup d’état to be annulled. In a 90-page document sent to the STF on May 8, they state that the basis of the request “is the reparation of the judicial error”.
Appointed by Jair Bolsonaro, Kassio Nunes Marques was selected as rapporteur for the criminal review on May 11 and left to analyze the case after taking office as president of the Superior Electoral Court.
According to the Sheetthe minister delivered the material to his office.
A lawyer allied with Bolsonaro stated, with reservations, that he expects the case to progress similarly to a criminal action and that, in Kassio’s hands, it will take approximately one to two years.
After the statement from the Public Prosecutor’s Office, responsible for the accusation, an instruction is opened to find out whether there is evidence to be produced or not, and subsequently the agenda is set for the collegiate analysis of the requested review.
The judgment should be made, in theory, by the full plenary of the court. The STF’s internal regulations say that the review will be carried out by the “court”, but this must still be consolidated later on, especially due to changes in the understanding of the powers of the plenary and groups.
To define the rapporteur, only the members of the Second Panel were included in the court’s rapporteur selection system. Because he participated in the entire process of the central core of the 2023 coup plot, he was left out.
In the request for criminal review, the former president’s defense also requires, for example, the annulment of the plea bargain of , Bolsonaro’s former aide-de-camp and, thus, the nullity of all evidence arising from the lieutenant colonel’s collaboration.
The pending criminal review, however, does not prevent the execution of the criminal conviction, according to the Supreme Court’s own understanding.
Bolsonaro is currently serving his sentence under house arrest. The measure initially lasted 90 days by the minister, rapporteur of the coup plot, so that the former president could recover from bilateral pneumonia that caused him to be hospitalized at the end of March.
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