A new defense appeal could possibly delay the start of the former president’s sentence at Papuda Prison
The Supreme Court of the Union (STF) De facto main hearing of the appeal filed by the defense of President Jair Bolsonaro. Convicted of plotting domestic coup. The The scoreboard was in place for a week: The four members of the first panel have already voted to reject the declaration embargo.
From this point on, the clock starts moving faster towards the arrest of the former president and six other members, the so-called key central figures in the coup plot.
The most likely scenario now is that the defendant will be taken to Papuda prison in Brasilia. This is expected to occur between the end of this month and the beginning of December. Rapporteur Alexandre de Moraes has accelerated the process, but it is necessary to comply with the procedural deadlines set by law.
Other factors can delay an arrest. Bolsonaro’s defense has the right to file a new appeal, and must do so. The so-called infringement embargo would give defendants the right to a new trial.
However, according to STF jurisprudence, for a lawyer to receive this benefit, two votes in favor of acquittal must be recorded on the First Committee’s scorecard in a criminal case. as Only Louis Fuchs voted in favor of Bolsonaro.the appeal must be dismissed. The only practical effect is to delay the start of the sentence.
next step
After the conclusion of the virtual plenary session this Friday, the STF will have to publish a judgment with the outcome of the trial. The compiled votes do not need to be amended, so you can do so from Monday the 17th. Thereafter, the seven defendants’ defense attorneys will have five days from the day after the judgment is announced to file a new appeal.
If one of the defendants does not appeal again, a trial is decided and a final judgment is pronounced, thus marking the end of the formal proceedings.
At least in Bolsonaro’s case, a new appeal is needed. If the new sentence were announced on Monday, the new deadline for defense would have ended on Saturday the 22nd, but would have been extended to Monday the 24th, as that is the first working day after that as required by the Criminal Code.
Starting on the 24th, Moraes will be able to order the defendant’s immediate arrest and veto the infringement embargo on his own. But he could also send a new appeal for class judgment.
The minister’s office has not disclosed how this final step will be carried out, but the script was adopted by the STF in a recent criminal case judgment.
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