The first class of the Supreme Federal Court (STF) recently began the phase of the dosimetry of the penalties of former President Jair Bolsonaro and seven other allies in the action of the coup plot.
Earlier, by 4 votes to 1, the board sentenced the defendants For crimes of 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 first to announce the penalty for each defendant will be the rapporteur, Alexandre de Moraes. Right away, Other ministers will also announce their dosimetries.
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Dosimetry
Calculation of condemnation time is done through the so -called dosimetry of the penalties.
The sum of the penalties for each of the five crimes will be made by all ministers who voted for the conviction of the eight defendants.
Dosimetry follows the logic of doses application in relation to the minimum penalty and It is made in three phases to reach the total time of penalty.
Phase 1: Fixation of the base penalty
Ministers establish the minimum penalty for crime, taking in the penalty time defined in the Penal Code, as well as other criteria, such as guilt, criminal record and consequences of the crime.
Phase 2: attenuating and aggravating
The aggravating factors described in the law will be applied. In Bolsonaro’s case, for example, the accusation of leading armed criminal organization may be aggravated by half.
Phase 3: causes of increase and decrease
They are applied according to the rules defined in the Penal Code or in the specific law of each crime.
Who are the eight condemned
- 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 minister of Bolsonaro and candidate for deputy in the 2022 plate;
- Mauro Cid-former Bolsonaro orders of orders.
VOTE SUMMARY
Alexandre de Moraes, Flávio Dino, Cármen Lúcia and Cristiano Zanin:
Votes for the condemnation of all defendants 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 exception is Alexandre Ramagem, who was convicted only of crimes of armed criminal organization, attempted violent abolition of the Democratic Rule of Law and coup d’état. Acting federal deputy, he benefited from the suspension of part of the accusations and responded only to three of the five crimes imputed by PGR.
Luiz Fux:
Vote for the acquittal of Bolsonaro, Ramagem, Augusto Heleno, Paulo Sérgio Nogueira, Anderson Torres and Almir Garnier of all crimes.
Vote for the conviction of Mauro Cid and Braga Netto only for the crime of abolition of the Democratic Rule of Law.
