The Federal Supreme Court (STF) publishes this Tuesday (18) the ruling of the trial in which the First Panel of the Court upheld the conviction of former president Jair Bolsonaro to 27 years and three months in prison in the criminal action of Nucleus 1 of the coup plot.
The document contains the vote of the rapporteur, minister Alexandre de Moraes, and ministers Cristiano Zanin, Cármen Lúcia and Flávio Dino. The virtual trial of the case ended on Friday (14).
The ministers formed a score of 4 votes to 0 to reject the so-called embargoes for declaration by the former president and six other defendants to reverse the convictions and avoid the execution of sentences in a closed regime.
With the publication of the ruling, Bolsonaro’s defenses and those of his allies must present new resources to try to avoid arrests to begin serving the sentence.
New feature
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.
In order for the case to be tried again by the full court, the accused needed to obtain at least two votes for acquittal, that is, a minimum score of 3 votes to 2 in the trial held on September 11th and which condemned them.
In this case, infringing embargoes could be filed against the decision. However, the score for conviction was 4 votes to 1.
However, the defenses must insist on the thesis that new appeals can be presented against the convictions, and the issue will have to be decided by Alexandre de Moraes.
Therefore, from this Wednesday (19th), violators can be presented within 15 days.
Lawyers will also be able to opt for new declaration embargoes, but the same type of appeal was rejected in last week’s session.
Prison
Currently, Bolsonaro is in precautionary detention due to investigations into the inquiry into United States tariffs against Brazil.
If the 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 have also been 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 monitor.
Check the sentence of each convict.
