The First Panel of the Supreme Federal Court (STF) begins this Tuesday (Sept. 2), at 9 a.m., the trial that could convict former President Jair Bolsonaro and seven allies for the coup plot to try to overturn the 2022 election results. The group is part of the core of the complaint filed by the Office of the Attorney General (PGR).
Eight sessions have been allocated for the case analysis, scheduled for September 2, 3, 9, 10, and 12.
Expectations are that the first day of the trial will be dedicated to statements from the defenses and from Prosecutor General Paulo Gonet, who will present the accusation.
The vote to convict or acquit the defendants is expected to begin only in the next sessions. Penalties could exceed 30 years in prison.
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 Secretary of Security for the Federal District;
• Augusto Heleno – former Minister of the Institutional Security Office (GSI);
• Paulo Sérgio Nogueira – former Defense Minister;
• Walter Braga Netto – former Chief of Staff and Defense Minister and Bolsonaro’s running mate in the 2022 ticket;
• Mauro Cid – former aide-de-camp to Bolsonaro.
Crimes
The defendants are answering in the Supreme Court for the crimes of armed criminal organization, attempted violent abolition of the Democratic Rule of Law, coup d’état, qualified damage by violence and serious threat, and deterioration of listed heritage.
The exception is former Abin director Alexandre Ramagem, who is currently a federal deputy. He benefited from the suspension of part of the accusations and is answering only for three of the five crimes. The possibility of suspension is provided for in the Constitution.
The suspension applies to the crimes of qualified damage by violence and serious threat against federal property, with considerable harm to the victim, and deterioration of listed heritage, related to the January 8 coup acts.
Ramagem continues to answer for the crimes of coup d’état, armed criminal organization, and attempted abolition of the Democratic Rule of Law.
First session
Today’s session will be opened by the president of the First Panel, Minister Cristiano Zanin. The minister will then call the case for judgment and give the floor to Alexandre de Moraes, the rapporteur, who will read the report. The document summarizes all the stages traversed in the process, from the investigations to the presentation of final allegations, the last phase before the trial.
After reading the report, Zanin will give the floor to the prosecution and the defenses of the defendants.
The Prosecutor General will be responsible for the accusation. Paulo Gonet will have up to two hours to argue for the conviction of the defendants.
After the PGR’s presentation, the defendants’ lawyers will be invited to the podium for their oral arguments in favor of their clients. They will have up to one hour for their considerations.
The trial will be interrupted for lunch around 12 p.m. In the afternoon, the session will resume around 2 p.m.
In addition to Moraes, the rapporteur, the First Panel consists of Ministers Flávio Dino, Cármen Lúcia, Luiz Fux, and Cristiano Zanin.
Votes
In the next sessions, the first to vote will be Alexandre de Moraes. In his statement, the minister will analyze preliminary issues raised by the defenses of Bolsonaro and the other accused, such as requests for nullity of Mauro Cid’s plea deal—former aide-de-camp and one of the defendants—allegations of denial of defense, requests to remove the case from the STF, as well as requests for acquittal.
Moraes may request that the panel deliberate immediately on the preliminary issues or leave the analysis of these matters for joint voting with the merits.
After addressing the preliminary issues, Moraes will pronounce on the merits of the process, that is, whether he convicts or acquits the accused and the length of the sentence.
Conviction or acquittal will occur by a majority vote of three of the five panel ministers.
Accusations
Weighing against the accused is their alleged participation in the drafting of the “Punhal Verde e Amarelo” plan, with planning aimed at the kidnapping or murder of Minister Alexandre de Moraes, President Luiz Inácio Lula da Silva, and Vice President Geraldo Alckmin.
The PGR’s complaint also includes the production of the so-called “coup minute,” a document that Bolsonaro was aware of and which would serve to decree states of defense and siege in the country to try to overturn the 2022 election results and prevent President Lula’s inauguration.
The complaint also cites the alleged involvement of the accused in the January 8, 2023, coup acts.
Source: Agência Brasil