THE deadline for the defense of former president Jair Bolsonaro (PL) to appeal of the conviction imposed by the Federal Supreme Court (STF) ends this Monday (27). Lawyers have until 11:59 pm to file motions for clarificationa resource that seeks to clarify any contradictions, omissions or errors in the judgment published last week.
The same deadline applies to the other seven defendants of the so-called Core 1 of the coup plot, considered the main organizers of the anti-democratic acts of January 8, 2023.
Although common in this type of process, motions for clarification do not have the power to reverse convictionsserving only formal adjustments or requests for clarification. After analyzing these resources, which will be carried out by the First Panel of the STF, the court may declare the final judgmentstage in which decisions become definitive, and sentences begin to be executed.
Conviction
Bolsonaro was convicted to 27 years and three months in prison, in an initial closed regime, for the crimes of attempted coup d’état, attack against the Democratic State of Law, an armed criminal organization, of which he was appointed as leader, damage qualified by violence and serious threat and deterioration of listed property.
Bolsonaro’s defense must insist on the thesis that the crimes of attempted coup d’état and violent abolition of the Democratic Rule of Law should be considered as a single crime, which would reduce the sentence. The majority of ministers, however, already rejected this argument during the trial. Since August, the former president under house arrest with the use of an electronic ankle bracelet, as determined by Minister Alexandre de Moraes, rapporteur of the process.
Next steps
The appeals presented will be judged in virtual plenary by the First Panelcomposed of ministers Flávio Dino (president), Alexandre de Moraes, Cristiano Zanin, Cármen Lúcia and Luís Roberto Barroso.
If the embargoes are rejected, a new appeal will be possible, but, If the Supreme Court understands that there are no further measures possible, the process will be considered closed. From then on, the court must define the regime and place for serving the sentence for those convicted.
Lieutenant Colonel Mauro Cid, Bolsonaro’s former aide-de-camp, is the only defendant who may not file an appeal. Sentenced to two years in an open regime, he has already served a longer period in precautionary measures and could be considered with the sentence extinct.
Check out the list of those convicted of the central core of the coup plot:
- Jair Messias Bolsonaro – former president of the Republic, sentenced to 27 years and three months in prison;
- Walter Braga Netto – retired general and former Minister of Defense and Civil House, sentenced to 26 years;
- Augusto Heleno – reserve general and former head of the Institutional Security Office (GSI), sentenced to 21 years;
- Almir Garnier – admiral and former Navy commander, sentenced to 24 years;
- Paulo Sérgio Nogueira – general and former Minister of Defense, sentenced to 19 years;
- Anderson Torres – former Minister of Justice and former Secretary of Security of the Federal District, sentenced to 24 years;
- Alexandre Ramagem – federal deputy and former director of Abin, sentenced to 16 years, one month and 15 days in prison;
- Mauro Cid – lieutenant colonel and former aide-de-camp, sentenced to two years in open prison.
