There is already a consensus in the first body to reject the statement ban presented by the defense and maintain the conviction of the former president
On Friday, the 14th of this month, the First Federal Supreme Court ended the trial in the virtual plenary session of the appeal of the defense of former President Jair Bolsonaro (PL), sentenced to 27 years and three months in prison for planning a coup. Lawyers for the former president of the court filed a so-called clarification ban, which seeks to clarify parts of the decision. But this appeal was rejected unanimously.
As specified landThe setback in rejecting the ban for clarification will not be the defense’s last attempt to keep Bolsonaro out of prison. Celso Velarde and Paulo Amador da Cunha Bueno, who present the technical defense of the former president, are inclined to file a new appeal in court, which would be a new ban on advertising or the so-called ban on infringement, which in practice, once recognized, would bring the case to the plenary session.
However, Mauricio Stegemann Dieter, a professor at the University of São Paulo (USP) School of Law, pointed out in an interview with land The court’s jurisprudence in adjudicating criminal cases in the recent past created additional standards for the admissibility of violating forms of prohibition, which are standards not stipulated by law or regulations.
“Based on the understanding accumulated in these precedents, at least two dissenting votes (from the five ministers) are necessary to acquit the accused of one or more of the crimes charged against him, and disagreement on procedural issues (for example, recognition of invalidity) or on issues related to the dosage of the sentence is not sufficient,” Dieter explains.
In Bolsonaro’s trial, there was only one dissenting vote, that of Minister Luiz Fuchs – who was recently transferred to the Second Committee of the Special Technical Committee =–, but lawyers are seeking to force this appeal to take the case to the plenary session. However, this strategy can be considered a delay. The rapporteur of the case, Minister Alexandre de Moraes, may consider that the appeal aims to delay the process.
In voting to reject the ban declaration, Moraes emphasized that in the case of those accused in the coup plot, the ban was only intended to reproduce “mere non-conformity with the outcome of the trial.” After the rapporteur’s vote, Ministers Flavio Dino, Cristiano Zanin and Carmen Lucia followed the judge’s position in full, without reservations.
In practice, once the dissenting prohibitions are accepted, the plenary session of the Supreme Court will be obliged to analyze the subject of the disagreement, without specifying a complete reconsideration of the issue ruled by the body. However, it is very likely that the STF will reject this request without even analyzing its merits.
The prison is approaching
Bolsonaro’s arrest will begin only after all resources have been exhausted. If the ban is rejected outright, the process will reach a so-called final judgment, when the conviction becomes final and there is no longer any possibility of appeal. Only at that moment will the rapporteur be able to determine whether the penalty will be implemented or not. There is no deadline for making a decision.
Moraes will determine where Bolsonaro will serve his sentence after the end of the trial. The main possibility is that he will be transferred to a cell in the Federal Police Directorate in Brasilia, a space that was recently renovated to receive him, according to the newspaper. State of San Paulo.
The Secretariat of the Penitentiary Department of the Federal District (Seape-DF) even requested a medical evaluation to check whether Bolsonaro would be able to serve his sentence in the Pabuda prison complex, but Moraes rejected the request, claiming its “irrelevance.”
House arrest
The former president is currently under house arrest due to his failure to comply with the precautionary measures imposed in the investigation into the customs duties imposed by the United States on Brazil.
The former president uses an electronic ankle bracelet, restricting his movement and blocking access to social media. These measures were taken in light of accusations of attempted coercion during the operation, obstruction of justice, and assault on national sovereignty.
Bolsonaro has been under house arrest since August 4, and if it is proven that he has a serious health problem, he could remain under this system, even after the final ruling.
The lawyer is excited by Moraes’ question and complains about the prosecutor’s “laugh”: “What’s so funny?”:
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