The defense of former President Jair Bolsonaro (PL) did not present any new prohibition against the decision of the first body of the Federal Supreme Court (STF), which had already rejected the first appeal of the ruling that initially sentenced the former president of Planalto to 27 years in prison in a closed system. The deadline for submitting the second ban ended at the end of Monday (11/24).
Bolsonaro has been held in pre-trial detention at the Federal Police Supervision Authority (PF) since Saturday morning (22/11), after the body claimed it was necessary to ensure public order. The defense even introduced an initial ban on the announcement, which was later rejected by university ministers in the virtual plenary.
A second bar would not overturn the conviction, but rather point out remaining defects – such as omission, inconsistency, ambiguity or material error – which, in theory, could not have been remedied in the previous trial. It was the defense’s duty to use this mechanism on the last day of the deadline, which did not happen.
Augusto Heleno, Almir Garnier and Braga Neto submitted their ban decisions within the deadline, until 11:59 pm on Monday. It is now up to Morais to decide whether to send the appeal for analysis by ministers or whether to consider it a delay.
With the deadline expiring without a new appeal being filed, Minister Alexandre de Moraes can now declare the case involving Bolsonaro final and non-appealable.
The final and non-appealable certification paves the way for the commencement of the criminal execution, that is, the final execution of the sentence imposed on the former president – who, in this scenario, would no longer remain in pre-trial detention and would begin serving his sentence upon conviction.
The defendants’ lawyers can still appeal by violating the ban. However, the Court’s case law states that this appeal only applies when there are at least two dissenting votes among the five ministers. In the first main trial, only Minister Louise Fox agreed, and he moved to the second committee after the case.
Under this scenario, the likelihood of violating bans being rejected is high. If Bolsonaro’s defense chooses to file it, an appeal could be filed by the end of this week.
Bolsonaro and his allies were convicted in September by the first panel. The former president was sentenced to 27 years and three months in prison. The rest are between 16 and 26 years old.
