Minister Luiz Fux of the Federal Supreme Court (STF) voted on Wednesday (10) for the total suspension of the criminal action on the coup plot regarding federal deputy Alexandre Ramagem (PL-RJ)meeting a request for the defense of the parliamentarian. 
Ramagem already had part of the criminal action against him suspended by decision of the House of Representatives. The constitutional protection conferred on parliamentarians was applied to the case by acts performed during the term.
In March, the first class of the Supreme Court approved the decision of the House, establishing the suspension of the case in relation to two crimes, among the five imputed by the Attorney General’s Office (PGR), which would have been committed after the diploma as deputy.
At the time, Fux voted for the partial suspension, but now has changed his mind, voting for “suspension IN TOTUM [no todo]Of the process in relation to branch.
The minister explained the change due to a deeper understanding of the crime of criminal organization.
“We are in the case of the criminal organization in the face of a single crime that has extended in time. The crime of criminal organization is one. Whether at the previous or later time of the defendant, Alexandre Ramagem. For this reason, I vote for the extent of the effects of this class to suspend criminal action in relation to this defendant,” Fux said.
Ramagem was accused by PGR of instrumentalizing the Brazilian Intelligence Agency (Abin), a body he directed during Bolsonaro’s term. By the accusation, he would have monitored political opponents of the former president and also acted to support the election fraud narrative.
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Judgment
The minister is the third to vote in the case, being the first to differ on preliminary issues raised by the defenses and that can cancel the process.
On Tuesday (8), the ministers Alexandre de Moraes, rapporteur of the criminal action, and Minister Flávio Dino rejected all preliminary issues and voted for the condemnation of all the eight defendants for the five crimes imputed by the Attorney General’s Office (PGR).
This Wednesday, the first class of the Supreme resumed the judgmentstarted on September 2, which can condemn Bolsonaro and seven allies by a coup plot that would have act to reverse the result of the 2022 elections.
The group is part of the crucial core of the complaint presented by PGR and is formed by the main heads of the plot.
The trial began last week, when the SUSTION OF THE DEFENSES of the former president and the other accused, besides the Manifestation of the Attorney General, Paulo Gonet, favorable to the condemnation of all defendants.
The analysis is expected to last until Friday (12). They should still vote for Minister Cármen Lúcia and Minister Cristiano Zanin, president of the first class and responsible for conducting the work.
Who are the defendants
- 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 defense minister and candidate for Bolsonaro’s deputy on the 2022 plate;
- Mauro Cid-former Bolsonaro orders of orders.
Crimes
All defendants are responsible for the 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 assets.
The exception is the case of former ABIN director Alexandre Ramagem who is currently 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, with considerable damage to the victim and deterioration of overturned assets, related to the scammers of 8 January.
