credit, Reuters
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- author, Mariana Alvim
- scroll, From BBC News Brazil in Sao Paulo
As previously announced, Jair Bolsonaro’s defense on Friday (28/11) filed an appeal against the former president’s conviction for attempted coup and other crimes, which resulted in him being sentenced to more than 27 years in prison.
Bolsonaro’s lawyers appealed Minister Alexandre de Moraes’ decision, later confirmed by the first body of the Federal Supreme Court (STF), to close the process before filing this appeal, called a violation of the ban.
On Tuesday (11/25), Moraes announced the final ruling, after exhausting the possibility of appeal, in the criminal case that convicted Bolsonaro and seven other defendants. With this, Bolsonaro has officially begun serving his sentence.
Subsequently, Moraes’ decision was approved by the First Committee.
Bolsonaro’s lawyers say it is possible, in his case, that contrary bans could be introduced. Moraes and other ministers explain that this appeal only applies when there are at least two votes acquitting the accused – and in Bolsonaro’s case, the only minister, Luiz Fox, was against his conviction.
On Friday, lawyers said closing the operation before the violating ban was a “miscarriage of justice” and that the decision “should be reconsidered.”
Lawyers Celso Sánchez Vilardi, Paolo da Cunha Bueno, Daniel Betamio Tesser, Renata Horovitz Kalem and Domitila Koller said: “The (respected) decision that provided the final and non-appealable decision in the criminal case while the deadline to oppose the infringing bans had passed – despite being upheld by the First Committee – is considered a judicial error and must be reconsidered.” Eduardo Ferreira da Silva.
When he announced the final and non-appealable decision, Moraes made it clear that contravening bans could not be brought in this case.
“Since no further appeal is available, including violation of the ban, the Judicial Secretary of this Supreme Court has ratified the final and non-appealable judgment convicting the defendant Jair Messias Bolsonaro,” Moraes wrote.
In the appeal filed on Friday, Bolsonaro’s lawyers asked for the criminal case that convicted and acquitted the former president to be thrown out.