Minister Luiz Fux of the Federal Supreme Court (STF) voted on Wednesday (10) to acquit former President Jair Bolsonaro and five more allies in the criminal plot criminal action. 
After about 13 hours of voting, The minister also voted for Condemnation of Mauro Cid, former Assistant of Orders of Bolsonaroand the General Braga Netto for the crime of attempted violent abolition of the Democratic Rule of Law.
Despite the minister’s understanding of acquittal, the score for the conviction of Bolsonaro and seven other defendants is 2 votes to 1. The votes for the conviction were delivered yesterday by the ministers Alexandre de Moraes and Flávio Dino.
The votes of ministers Cristiano Zanin and Cármen Lúcia are missingwhich will be uttered in the this Thursday (11) session, from 14h.
Bolsonaro
Fux fully rejected the accusation of the Attorney General’s Office (PGR) against former President Jair Bolsonaro.
The PGR requested the conviction of the former president for crimes of armed criminal organization, attempted violent abolition of the democratic rule of law, coup, damage qualified by violence and serious threat and deterioration of listed heritage. The penalty could reach 30 years in prison.
In Fux’s understanding, Bolsonaro only considered exception measures, and “nothing happened.” In his understanding, the cogitation is not enough to punish the former president.
Regarding the accusations of responsibility for the scammer acts, Fux called PGR’s “Yellations” as Bolsonaro’s alleged connection with the scammers who depreciated the Supreme Court’s headquarters, the National Congress and the Planalto Palace.
“These elements can never sustain the omilation that Jair Bolsonaro had some kind of connection with the vandals that depredated the headquarters of the three powers on January 8, 2023,” he said.
Mauro Cid
Although it is also in the condition of a whistleblower, Fux understood that Cid not only acted as Bolsonaro’s assistant and exchanged messages with Kids-Black military on Minister Alexandre de Moraes monitoring measures.
In addition, he attended a meeting at the house of General Braga Netto in 2022, where, according to the prosecution of the Attorney General’s Office (PGR), money was reported to have money to fund the coup plot.
“All those who wanted to convince the then President of the Republic of the need to adopt concrete actions to abolish the Democratic Rule of Law made requests and referrals through the employee,” said the minister.
Besides a defendant in the criminal action, Cid is also a whistleblower and should be reduced.
By Fux’s vote, the military should not be convicted of armed criminal organization, coup d’état, damage qualified by violence and serious threat and deterioration of listed heritage
Braga Netto
Fux also voted for the conviction of General Braga Netto for the crime of attempted violent abolition of the Democratic Rule of Law. With Fux’s understanding, There are a majority of three votes for the conviction of the General. The other two votes were delivered yesterday (9) by the ministers Alexandre de Moraes and Flávio Dino.
The majority acquitted the military of crimes of armed criminal organization, coup, damage qualified by violence and serious threat and deterioration of listed heritage.
Reserve general and vice in the Bolsonaro plate in 2022, The military has been in prison since December last year on charges of obstructing the investigation on the attempted coup to prevent the inauguration of President Luiz Inacio Lula da Silva
Garnier
Fux acquitted the former commander of Navy Almir Garnier. According to the complaint, the admiral attended a meeting in which the former president presented minutes with studies to decree exception measures.
The idea would have been rejected by the aeronautics and army commanders.
In Fux’s understanding, the military did not perform executory acts and that the mere presence in meetings is not sufficient for the conviction.
“The conduct narrated in the complaint and attributed to the defendant Almir Garnier is far from corresponding to a member of criminal association,” he said.
Heleno General
The minister also commented on acquittal of the general of Augusto Helenoformer Minister of the Institutional Security Office (GSI) of the Jair Bolsonaro government.
In the vote favorable to the general, Fux said it is not possible to “punish private drafts”.
During search and seizure authorized by the Supreme Court, the Federal Police seized an agenda of Heleno with notes against the electoral system and citations about ABIN actions.
PAULO SERGIO NOGUEIRA
The former Minister of Defense Paulo Sergio Nogueira was also acquitted by Fux.
In Fux’s understanding, There is no evidence that the former minister participated in a criminal organization.
Anderson Torres
Former Justice Minister Anderson Torres also joined Fux’s acquittal list. For the minister, Towers was not close to the military and there is no evidence that he would have adhered to the attempted coup.
Alexandre Ramagem
Last defendant who had the conviction analyzed by Fux, It was also acquitted. In the minister’s understanding, Alexandre Ramagem, former director of the Brazilian Intelligence Agency (Abin), should not be convicted of the crimes of coup, armed criminal organization and attempted abolition of the Democratic Rule of Law.
Currently, Ramagem is a federal deputy. Being in the function, he benefited from the suspension of part of the accusations and responds only to three of the five crimes imputed by PGR.
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.
