There is a necessary process for former President Jair Bolsonaro (PL) to begin serving his sentence this year. All ministers of the First Committee of the Federal Supreme Court (STF) have already voted to reject Bolsonaro’s trade declaration in order to uphold his sentence of 27 years and three months in prison, but the de facto plenary session will only formally end this Friday (14 November). The decision to dismiss the appeal by Bolsonaro and six other convicts was unanimous, with votes from rapporteurs Alexandre de Moraes, Flavio Dino, Cristiano Zanin and Carmen Lucia.
According to the rules, an embargo decision is considered complete only on the end of the analysis, since ministers can change their votes even before then.
A judgment with the verdict in this case is expected to be announced after this Friday. Only then will the defense have five days to file a new motion for explanation, a so-called second motion.
Bolsonaro’s lawyers can appeal the so-called embargo violation. It would be a strategic move to bring this matter to the plenary session. According to the Supreme Court’s latest ruling, those convicted will only begin serving their sentences after analyzing these second embargoes.
If the plenary session of the First Tribunal agrees on the violator, there will be a chance to bring the case to the plenary session. In this case, simply put, one panel will not override the other panel’s decision, so there is no need for a second panel to attempt the analysis.
but, Violated embargoes are likely to be rejected. The STF has already established the understanding that this type of measure will only apply if at least two of the five ministers in the panel disagree with the outcome. The only dissenting vote in Bolsonaro’s trial was Minister Louis Fuchs (he was a member of the first panel but requested to be transferred to the second panel after the coup plot trial in September).
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Papudinha, where Bolsonaro could be imprisoned, is undergoing renovations. See photos
Finally, the STF may also assess that these second embargoes are merely delayed in nature. Accordingly, the panel may dismiss the new appeal and order criminal action 2668 to be finalized. This means that the appeal has been exhausted.
Only then can the sentences of former presidents and other convicts on appeal be carried out.
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Minister Alexandre de Moraes
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STF Minister Flavio Dino
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Cristiano Zanin appointed as Minister of STF
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Carmen Lucia is the STF Minister
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Luiz Fux was part of the first panel of STF
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Former President Jair Bolsonaro
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Lieutenant Colonel Mauro Cid is an informant in the coup plot.
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General Braga Netto
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Anderson Torres
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Former Navy Commander Admiral Armir Garnier Santos
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General Augusto Heleno
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General Paulo Sergio Nogueira
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Federal Member of Parliament Alexandre Ramadjem
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Like Bolsonaro, important groups of convicted people have used so-called “declaration embargoes” to question their convictions. This type of appeal does not change the merits of the judgment, but it may reveal supposed omissions in the judgment. However, the defense argument was not accepted by the panel.
Mr. Moraes’ longest vote on the embargo was on Mr. Bolsonaro, with the reporter answering the lawyer’s questions point-by-point over 141 pages.
One of these points concerned the theory of co-optation of crimes, which was the subject of many questions throughout the trial, mainly by the defendant’s defense, who argued that the crime of coup d’état should co-opt the charge of abolition of the democratic rule of law.
In this case, the measure would have resulted in a reduced sentence, but was rejected by the majority of ministers on the first panel, with the exception of Minister Louis Fuchs.
There is no contradiction
However, Mr. Moraes, accompanied by all his colleagues, countered that “there is no contradiction in the condemnation sentence” since his vote supported the application of the substantial coincidence of crimes committed and rejected the possibility of applying the principle of perfection. In other words, Bolsonaro is understood to have committed multiple crimes independently, and the possibility that one crime “absorbed” the other has been ruled out.
Bolsonaro is expected to initially move to a closed government. There is speculation that he may go to Papuda Prison, or the 19th Battalion of the Federal District Gendarmerie (PMDF), known as Papdinya. As revealed in the column big city, wide anglethe place is under renovation. Bolsonaro is currently under house arrest for failing to follow precautions in another incident.
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The panel also analyzed embargoes on other people convicted of coup plotting in a virtual plenary session. Sentences vary between 16 and 27 years. All voted to reject the embargo for a significant group of other convicts who filed appeals.
The only person who chose not to appeal was Bolsonaro’s former deputy Mauro Cid, who had already started serving his sentence and had removed his electronic ankle bracelet.
Check out the sentences of each convict in the main group.
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