The First Panel of the Federal Supreme Court (STF) and six other defendants against their conviction in the coup plot. This is one of the last stages of the criminal action.
So-called motions for clarification were filed, used to clarify doubts, omissions or contradictions in a sentence. In general, clarification embargoes do not change the central result of a trial, only secondary aspects. The analysis is scheduled to last until November 14th, in the virtual plenary.
According to the procedure considered normal by members of the Court, after the motions for clarification, the defendants still have the right to present a second motion of the same type. Only then, if the requests are rejected, will Bolsonaro be able to begin serving his sentence.
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In addition to motions for clarification, defenses must resort to infringement motions. The STF’s understanding, however, is that this second type of appeal is only valid against a class decision if there are two votes for acquittal. In the case of the former president and most of the defendants, there was only one, that of minister Luiz Fux.
Bolsonaro was sentenced by the First Panel of the STF, on September 11th, to 27 years and three months in prison, for an attempted coup d’état. The other seven defendants were also found guilty and sentenced to between two and 26 years in prison.
Today, the former president is already under house arrest, but the measure is related to another case: the investigation into the action of his son Eduardo Bolsonaro (PL-SP) to coerce Brazilian justice through the articulation of sanctions issued by Donald Trump’s government.
In the case of conviction in the coup plot, Moraes will decide whether Bolsonaro will serve his sentence at home or elsewhere. Some hypotheses are a military unit or a Federal Police (PF) building. The defense can request compliance at home, citing recurring health problems.
