STF concludes Bolsonaro’s embargo case today, prison nearing, but defense must hear new appeal

The Federal Supreme Court (STF) No. 1 will conclude this Friday, the 14th, the de facto plenary hearing of the de facto defense appeal against former President Jair Bolsonaro (PL), who was sentenced to 27 years and 3 months in prison for plotting a coup d’état. Lawyers for the former president presented a so-called non-explanatory measure to the court, asking the court to clarify parts of the verdict. However, this appeal was unanimously dismissed.

determined by earththe setback in denying an embargo for an explanation will not be the defense’s last attempt to keep Bolsonaro out of prison. The former president’s technical defenders, Celso Vilardi and Paulo Amador da Cunha Bueno, are likely to try a new appeal in court, which could result in a new declaration embargo or a so-called infringement embargo, which would effectively go before the plenary once granted.

However, Mauricio Stegemann Dieter, a law professor at the University of São Paulo (USP), reflected on this in an interview. earth It was argued that the court’s precedents in recent criminal cases have devised additional standards for the permissibility of infringement embargoes that are not provided for in laws and regulations.

“Based on the understanding accumulated in these precedents, at least two dissenting votes (from five ministers) are required to acquit a defendant of one or more of the crimes charged, and differences on procedural issues (e.g., a finding of invalidity) or on issues related to sentencing dosimetry alone are not sufficient,” Dieter explains.

Bolsonaro’s lawyers are trying to force the appeal to the plenary session, although there was only one dissenting vote, that of Minister Louis Fuchs (recently transferred to the STF’s second committee). However, this strategy is considered overdue. Minister Alexandre de Moraes, who is rapporteur on the case, may believe that the appeal is intended to delay the process.

In his vote to reject the embargo for declaration, President Moraes emphasized that in the case of the coup plotters, the embargo is only aimed at reproducing “a mere non-compliance with the outcome of the trial.” After the Rapporteur’s vote, Ministers Flavio Dino, Cristiano Zanin and Carmen Lucia fully complied with the judge’s position without any hesitation.

In fact, if an infringement embargo is granted, the plenary session of the Supreme Court will be obligated to analyze the purpose of the difference without deciding on a complete reconsideration of the issues decided by the panel. However, it is highly likely that the STF will deny this request without analyzing its merits.

prison is approaching

Bolsonaro’s arrest will only begin once all resources have been exhausted. If the embargo is rejected outright, the process reaches a so-called final judgment, where the conviction is final and there is no longer any possibility of appeal. Only at that moment can the reporter decide whether the sentence will be carried out or not. There is no deadline for decisions.

Moraes will decide where Bolsonaro will serve his sentence after the trial concludes. The main possibility is that he will be taken to a cell at the Federal Police (PF) Inspectorate in Brasilia, which was recently renovated to accommodate him, the paper said. Sao Paulo state.

The Federal Regional Prison Management Secretariat (Seape-DF) even requested a medical evaluation to see if Bolsonaro could serve his sentence at Papuda prison, but Moraes rejected the request, claiming it was “not relevant.”

house arrest

The former president is currently under house arrest for failing to comply with precautionary measures imposed in an investigation into U.S. tariffs on Brazil.

The former president used an electronic ankle bracelet that restricted his movements and blocked his access to social media. The measure was enacted following accusations of attempted coercion, obstruction of justice, and attacks on national sovereignty during the proceedings.

Bolsonaro has been under house arrest since August 4 and could remain under the regime even after his final sentence if serious health problems are proven.

The lawyer is excited by Moraes’ questions and complains about the prosecutor’s “laughing”: “What’s so funny?”