Node September 2 It will be the first day of judgment that can condemn former President Jair Bolsonaro and seven allies for the coup plot to try to reverse the result of the 2022 elections. 
The session will open at 9am by the president of the first class, Minister Cristiano Zanin.
Then the minister will call the trial process and give the floor to Alexandre de Moraes, that will read the report, which contains the summary of all steps traveled in the process, from investigations to Presentation of final allegationsstage finished last Wednesday (13) and representing the last phase before the trial.
After reading the document, Zanin will pass the word to the accusation and defendants of the defendants.
The criminal action dealing with the case refers to the crucial nucleus of the plot and will be judged by the first class of the Court. The board is responsible for the analysis of the case because Minister Alexandre de Moraes, rapporteur of the process, belongs to the first class.
The rite that will be adopted in the trial is provided for in the Supreme Court’s Internal Regulations and Law 8.038 of 1990, a rule that regulates the court’s procedural rules.
Defendant
They are defendants of the crucial core of the coup plot:
- Jair Bolsonaro-Former President of the Republic;
- Alexandre Ramagem – Former director of the Brazilian Intelligence Agency (Abin);
- Almir Garnier- Former Navy Commander;
- Anderson Torres-former Minister of Justice and former Security Secretary of the Federal District;
- Augusto Heleno – former Minister of the Institutional Security Office (GSI);
- Paulo Sérgio Nogueira – Former Defense Minister;
- Walter Braga Netto – former minister of Bolsonaro and candidate for deputy on the 2022 plate;
- Mauro Cid-former Bolsonaro Orders of Orders;
Indictment
The Attorney General of the Republic, Paulo Gonet, will be responsible for the accusation. He will have the word for up to an hour to defend the conviction of the defendants.
Crimes
All defendants respond in the Supreme for the crimes of:
- Armed criminal organization,
- Attempted violent abolition of the Democratic Rule of Law,
- Coup of state,
- Damage qualified by violence and serious threat and
- Deterioration of listed assets.
The exception is the case of former ABIN director Alexandre Ramagem, which, currently, is a federal deputy. He benefited from the suspension of part of the accusations and responds only to three of the five crimes. The rule is provided for in the Constitution.
The suspension applies to crimes of damage qualified by violence and serious threat, against the union’s assets, and with considerable damage to the victim and deterioration of overturned assets, related to the scammers of 8 January.
Ramagem continues to respond for the crimes of coup, armed criminal organization and attempted abolition of the Democratic Rule of Law.
Defenses
After PGR’s speech, defendants’ lawyers will be invited to climb to the podium for oral support in favor of the defendants. They will also have up to an hour for their considerations.
Vote
The first to vote will be Alexandre de Moraes, rapporteur of the criminal action. In his demonstration, the minister will analyze preliminary issues raised by the defenses of Bolsonaro and the other accused, such as requests for nullity of Mauro Cid’s award-winning denunciation, former joint order and one of the defendants, defense curtailment allegations, requests to withdraw the case of the Supreme Court, as well as requests for acquittal.
Moraes may ask the class to deliberate immediately on preliminary issues or leave the analysis of these questions for joint voting with the merits.
After approaching preliminary issues, Moraes will comment on the merits of the process, that is, it condemns or acquit the accused and the time to serve a penalty.
Voting sequence
After Moraes, the other members of the class will utter their votes in the following sequence:
- Flávio Dino;
- Luiz Fux;
- Cármen Lúcia;
- Cristiano Zanin;
The conviction or acquittal will take place with the vote of the majority of three of the five ministers of the class.
Request for view
A request for a view of the process is not discarded. From the bylaws, any member of the Court may ask for more time to analyze the case and suspend the trial. However, the process must be returned for judgment in 90 days.
Prison
The eventual arrest of the defendants who are convicted will not occur automatically and can only be made after judgment of appeals against the conviction.
In case of conviction, defendants should not be in ordinary prisons. Army officers are entitled to special arrest, according to the Code of Criminal Procedure (CPP). Nucleus 1 has five Army military personnel, one of the Navy and two Federal Police delegates, who can also benefit from the restriction.
Nuclei
The complaint of the coup plot was divided by PGR into four nuclei. The crucial nucleus or core 1, formed by Jair Bolsonaro, will be the first being judged. The other criminal actions are in the phase of final allegations, last stage before the trial, which should occur later this year.
