Unanimously, the First Panel decided this Friday (7) maintain the conviction of former president Jair Bolsonaro to 27 years and three months in prison and six other defendants in the criminal action of Nucleus 1 of the coup plot.
By 4 votes to 0, the collegiate ministers rejected the so-called embargoes for declaration, resources filed by the defenses to try to reverse the convictions and avoid the execution of sentences in a closed regime.
The unfavorable score will not send the former president and his allies to prison immediately.
In principle, Bolsonaro and other defendants do not have the right to a new appeal to take the case to the plenary, made up of 11 ministers, including André Mendonça and Nunes Marques, who were appointed by the former president, and Luiz Fux, who voted for Bolsonaro’s acquittal. However, the defenses must insist on trying to present it.
In order for the case to be tried again by the full body, the accused needed to obtain at least two votes for acquittal, that is, a minimum score of 3 votes to 2 in the vote. trial held on September 11th and which convicted the accused. In this case, infringing embargoes could be filed against the decision. However, the score for conviction was 4 votes to 1.
The arrest of the accused will only be ordered after Minister Alexandre de Moraescase rapporteur, declare the criminal action finalthat is, the end of the process and the possibility of appealing. There is no deadline for the decision.
Prison
Currently, the former president is in precautionary detention due to investigations into the inquiry into US tariffs against Brazil.
If arrest is ordered by Moraes, the former president will begin serving the definitive sentence for the criminal action of the coup in the Papuda prison, in Brasília, or in a special room at the Federal Police.
The other convicts are military personnel and Federal Police delegates and will be able to serve their sentences in Armed Forces barracks or in special wings in Papuda itself.
Given Bolsonaro’s health condition, the defense may also request that the former president be kept under house arrest, as occurred with former president Fernando Collor.
Convicted by the Supreme Court in one of the Operation Lava Jato cases, Collor was sent to a prison in Maceió, but gained the right to serve his sentence at home, under electronic ankle bracelet monitoring, for health reasons.
Convicts
In addition to Bolsonaro, resources were also denied to the former minister and candidate for vice president on the 2022 ticket, Walter Braga Netto; Almir Garnier, former Navy commander; Anderson Torres, former Minister of Justice and former Secretary of Security of the Federal District; Augusto Heleno, former minister of the Institutional Security Office (GSI); Paulo Sérgio Nogueira, former Minister of Defense and Alexandre Ramagem, former director of the Brazilian Intelligence Agency (Abin).
Mauro Cid, Bolsonaro’s former aide-de-camp, signed a plea bargain during the investigations and did not appeal the conviction. He is already serving his sentence in an open regime and has removed his electronic ankle bracelet..
>> Check the sentence of each convict
