The four high-ranking soldiers convicted by the Federal Supreme Court as part of the coup plot trial could be sent to public prison in the coming years.
According to lawyer Fernando Capano, a specialist in military law, Admiral Almir Garnier, Generals Augusto Heleno, Paulo Sergio Nogueira and Braga Neto, should lose their patents by decision of the military court, thus losing the privilege of remaining in the army divisions in Brasilia and Rio de Janeiro.
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“The value judgment made in this case is not entirely judicial, but an analysis of honor if they still deserve to bear the status of the military with dignity and discipline. If the STM deems the loss of rank appropriate, they will become ex-military, losing all the privileges provided for in the military statute,” Capano said.
Where each defendant serves time
- Admiral Almir Garnier, sentenced to 24 years in prison, is at the Navy radio station in Brasilia (DF).
- Augusto Heleno is serving his sentence in the Planalto Military Command. The general was sentenced to 21 years in prison.
- General Paulo Sergio Nogueira is also at the Planalto Military Command in Brasilia. He was sentenced to 19 years in prison.
- General Braga Neto, sentenced to 26 years in prison, remains in the army division in Vila Militar in Rio de Janeiro.
This will be the first time that the Supreme Military Court will judge generals and admirals, the highest positions in the armed forces. The lawyer noted, “This is something that will generate a certain amount of embarrassment, because most of them maintain a student-teacher relationship with each other, especially General Heleno.”
The case should not be brought to court until 2026, after the judicial recess returns. In military justice, the accused will still have the right to full defence, and potential transfer will only take place after the final ruling is issued.
Even if they lose the right to serve their sentence in the army divisions, the officers do not lose their income. Payments are transferred to family members if they are fired from their companies. However, this measure, which strengthens the lawyer, is controversial, because it is subject to analysis by the Federal Court of Audit (TCU).
“The problem is that TCU no longer approves this type of pension for military personnel who have been separated since August, because they realize it should be a restrictive application,” Capano said.