Defense of General Walter Braga Neto, former Minister of the Civil House and Defense of Jair Bolsonaro (PL), filed an appeal on Monday (24) against the decision of the First Commission of the Federal Supreme Court (STF) that sentenced the soldier to 26 years in prison in connection with the coup plot.
At the same time, the defense filed two types of appeals: requests for clarification and requests for violation. The first serves to question omissions, contradictions and “ambiguities” in the decision. The second questions non-unanimous decisions and demands that the conviction be reconsidered.
The deadline for the new permit ban ends on Monday (24). Violators were subject to a deadline of December 3. Minister Alexandre de Moraes, the rapporteur of the case, will likely consider the postponement requests and declare the conviction final, with the consequent start of the sentence. The first body also believes that the violations only apply if there is more than one disagreement between ministers, which did not happen when determining the sentence for Braga Neto.
The lawyers defended the arguments used by Minister Luiz Fuchs, who was the only one who proposed to acquit the defendants of the so-called “crucial core” of the coup plot, which also includes Bolsonaro.
It was claimed, for example, that the defense was reduced due to the large amount of material available to the defense as well as the short period for analyzing the information.
The defence, headed by lawyer José Luis Oliveira Lima, said that “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.”
The Supreme Court’s jurisdiction in analyzing the case has also been questioned. The lawyers requested that the case be referred to the court of first instance, because it does not fall within the jurisdiction of the authority.
He continues: “The currently contested ruling needs to be reformed in order for it to be recognized as invalid due to the incompetence of this committee, and the case must be referred to the court of first instance. If this is not understood, and in order to be consistent with the alleged actions of the former president, it is requested to recognize the incompetence of the first body.”
Braga Neto is accused of discussing with other military personnel the “Bunhal Verde Amarillo” plan, which was allegedly intended to monitor and kill the authorities.
In addition to Braga Neto and Bolsonaro, who were sentenced to 27 years in prison, Augusto Heleno (21 years old) is part of the critical nucleus and was sentenced; Anderson Torres (24); Paulo Sergio Nogueira (19 years old); Rep. Alexandre Ramagem (PL-RJ), who was head of the Brazilian intelligence agency (16 years); And former naval commander Almir Garnier (24 years old). Mauro Cid, a former aide to Bolsonaro, was only sentenced to two years in prison and has not appealed.