The first class of the Supreme Federal Court (STF) resumes on Tuesday (9) the trial of core 1 of the coup plot, formed by former President Jair Bolsonaro and seven allies. 
Judgment started last weekwhen the support of the defenses of the former president and the other accused, in addition to the demonstration of the Attorney General, Paulo Gonet, favorable to the condemnation of all defendants.
This week, the collegiate will start the vote that may condemn Bolsonaro and the other defendants to more than 30 years in prison.
The sessions of 9,10.11 and 12 September were reserved to finish the trial.
They weigh against the accused the alleged participation in the elaboration of the plan “Green and Yellow Banking”, with planning focused on the kidnapping and murder of Minister Alexandre de Moraes, President Luiz Inacio Lula da Silva and Vice President, Geraldo Alckmin.
It is also contained in the PGR denunciation of the so -called “scoring draft” production, a document that would be known to Jair Bolsonaro and would serve to decree defense state and siege measures to try to reverse the 2022 elections and prevent Lula’s possession. The complaint also cites the alleged involvement of the accused with the coup acts of 8 January 2023
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 minister of Bolsonaro and candidate for deputy on the 2022 plate;
- Mauro Cid-former Bolsonaro orders of orders.
Next Steps
On Tuesday (9), at 9am, the session will be opened by the president of the first class, Minister Cristiano Zanin. Then the word will be passed on to the rapporteur, Minister Alexandre de Moraes, who will be the first to vote.
In his demonstration, Moraes will analyze preliminary issues raised by Bolsonaro’s defenses and the other accused, such as requests for nullity of Mauro Cid’s award-winning denunciation, former orders of orders and one of the defendants, defense curtailment allegations, requests to withdraw the case of the Supreme Court, as well as requests for acquittal.
Moraes may ask the class to deliberate immediately on preliminary issues or leave the analysis of these questions for joint voting with the merits. After approaching preliminary issues, Moraes will comment on the merits of the process, that is, it condemns or acquit the accused and the time to serve a penalty.
Voting sequence
After the rapporteur’s vote, the other members of the class will utter their votes in the following sequence:
- Flávio Dino;
- Luiz Fux;
- Cármen Lúcia;
- Cristiano Zanin.
Most of votes for conviction or acquittal will take place with three of the collegiate’s five votes.
Prison
The eventual arrest of the defendants who are convicted will not occur automatically after the trial and only the after the analysis of appeals against the conviction may be effective.
Funds
In case of conviction with a vote in favor of acquittal, Bolsonaro and the other defendants will be entitled to another appeal to avoid arrest, to be analyzed by the first class. The condition can be obtained with a score of 4 votes to 1, for example.
With the publication of the judgment with the eventual unfavorable score, the defenses may present the so -called Declaration embargoesappeal that aims to clarify omissions and contradictions in the final text of the trial. In general, this type of appeal has no power to review the result of the judgment and is often rejected.
In order to get the case to be tried again and taken to plenary, the accused need to get at least two votes for acquittal, ie minimum score of 3 votes to 2.
