Bolsonaro, Ramajim, Torres waive appeal; See what the rest of the defenses said policy

The deadline for filing this type of appeal ended on Monday (24). It serves to call into question the omissions, inconsistencies and “ambiguities” in the decision. However, there is the possibility of introducing so-called “ban contravention” defences, which call into question decisions not taken unanimously. In this case, the deadline is December 3.

However, the first body of the STF recognizes that this type of appeal only applies when there are two disagreements in the decision, which was not the case in the convictions for the coup plot: only Louise Fuchs, who left the college, disagreed with the other colleagues.

The filing of new appeals on Monday is another step towards the possible conclusion of the case: the issuance of the final ruling (when new appeals are no longer possible), with the consequent setting of the start of sentencing for seven defendants from the so-called “crucial core” of the coup plot.

This is because the expectation is that Alexandre de Moraes, the Rapporteur of the process, will consider the new applications “late”. In other words, the requests are only intended to delay the implementation of the penalty. Thus he can order final arrest.

The fact that Bolsonaro chose to file contrary ban requests, which have a longer filing deadline, does not prevent a final and non-appealable decision. According to the ministers he consulted valueSince the court understands that this type of request does not apply to decisions involving a single dissent, Moraes will likely not wait until December 3rd. Ultimately, as of Tuesday, arrests may have already been made.

Of the three who did not file an appeal, only Torres’ defense appealed to the Supreme Court. The lawyers said they intend to file the violations. However, if Moraes orders a final ruling before that happens, they are asking the former justice minister to serve his sentence at the Federal Police Supervision Authority (PF) in Brasilia, where Bolsonaro is based, or at a military police battalion in the Federal District.

Bolsonaro has been in pretrial detention since Saturday (22) at the National Front control center in Brasilia. He was home, but he violated his electronic ankle bracelet with a soldering iron and ended up being arrested.

What other defenses said

The first to file the appeal on Monday was the former Defense Minister Paulo Sergio Nogueira. The army defense once again questioned the 19-year prison sentence in connection with the coup plot. The lawyers submitted a second request for clarification.

Last October, when the first such appeal was filed, lawyers demanded the former minister’s acquittal based on the premise of “voluntary withdrawal,” according to which if someone renounces committing a crime, he can only be punished for what he has already committed.

The argument was repeated in the second lecture presented on Monday. “Therefore, it is clear that there was no statement on the question of law raised by the party, which makes the parties’ declared opposition legitimate in order to overcome this omission,” said the request signed by Andrew Fernandez Farias.

The second person to contact the STF was the general Augusto Helenoformer Prime Minister of the Corporate Security Bureau (GSI). Lawyers also submitted requests for clarification. They again criticized Moraes’ performance in the trial, noting that the minister asked more questions than the prosecutor’s office responsible for the complaint. This argument had already been used in September, when the soldier was convicted.

He adds: “By assuming the leadership role in formalizing the questions, the prominent minister caused clear harm to the defense, which constitutes a violation of the impartiality necessary to rule on this case. It is worth noting that, during the analysis of the records, it was possible to verify that the rapporteur asked about 330 questions to the defendants, while the member of the Public Prosecution asked only 61 questions.” The application was signed by lawyer Mateus Milanes and trainee Gabriel Victor Oliveira de Moraes.

General’s defense Walter Braga Netoformer Minister of the Civil House and Defense, simultaneously introduced an advertising ban and a ban on infringement. The lawyers used the arguments of Minister Louise Fox, who was the only one who proposed acquitting the defendants from the decisive group.

It was claimed, for example, that defense was reduced due to the large amount of material available for defences, coupled with the short period for analyzing information. The defense, led by lawyer José Luis Oliveira Lima, said: “The excessive body of information contained in these files, which remains completely unorganized and with technical and financial limitations for the ordinary citizen to exercise his defence, prevents the identification of evidence related to each accusatory allegation.”

Admiral Almir Garniera former Navy commander, chose to violate the ban, despite the December 3 deadline. Demosthenes Torres, who leads the team of lawyers, also used the arguments used by Fox.

One of them is that the Supreme Court does not have jurisdiction to analyze the case. “The accusatory narrative describes conduct that was allegedly carried out outside the exercise of institutional functions and without a causal relationship with the powers of the court,” he says.

Although Torres did not file an appeal and stated that he would file violations in the coming weeks, he asked to serve a period on the National Front’s control body or in the operational aviation battalion if Moraes did not wait for the appeal deadline and decided to determine a final ruling. Defended by Omar Novaki.