Braga Netto and Heleno: what could happen to the soldiers indicted by the PF?

The Federal Police (PF) has indicted 37 people for attempted coup in 2022. They include military personnel Walter Braga Netto AND Augustus Elena – both generals – and 23 other names linked to the Armed Forces. One of those indicted is former president Jair Bolsonaro. The indictment of the entire group took place this Thursday (21st).

For military personnel indicted by the PF for attempted coup, the consequences of a possible criminal trial and conviction could affect their position within the Armed Forces structure, according to the g1 portal.

Indictment, in the criminal context, occurs when authorities believe they have gathered enough evidence to formally charge one or more people with a crime.

Indictment of military personnel

For these charges to progress through the justice system, the participation of other bodies such as the Attorney General’s Office (PGR) and the Federal Court (STF) is required.

If this happens – and if the prison sentence is more than two years – the Higher Military Tribunal may be called to appear and declare the soldiers unworthy of officership, which causes the loss of rank and rank, as in this case, to example, by Braga Netto.

What are the crimes in question?

The crimes for which political and military figures have been indicted are very serious, with sentences of more than two years. Check:

• Violent abolition of the democratic rule of law, which occurs when an attempt is made to abolish, through violence or threat, the democratic system and its institutions. The penalty for this act varies from 4 to 8 years in prison;
• Coup d’état, characterized by the attempt to depose a legitimate government through violence or serious threats, punishable by 4 to 12 years in prison;
• Furthermore, the charge of criminal organization involves participation in groups organized to commit crimes with maximum sentences exceeding four years.

Consequences for indicted military personnel

In the Brazilian legal system, military personnel sentenced to prison terms exceeding two years can be declared unworthy of service.

This declaration must be made by the Superior Military Tribunal (STM) after conviction in the STF without further possibility of appeal. In this process, the STM evaluates exclusively the issue of the officer’s dignity and not the crime itself:

Conviction followed by such a declaration entails the loss of rank and rank, that is, exclusion from military personnel. Military officers, even when excluded, retain the right to guarantee assistance to their family members, who continue to receive pensions. This procedure is called “imaginary death”.

After the conclusion of the indictment and any charges, if the STF convicts the defendants, their punishment will be determined. Throughout the trial the defense can appeal until all legal remedies have been exhausted.

In the military case, the STM’s final decision on officer dignity ends up consolidating the exclusion of military personnel, formalizing the end of their career, even for generals such as Augusto Heleno and Braga Netto.

pic.twitter.com/meURE7WumA

— Braga Netto (@BragaNetto_gen) November 21, 2024

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Source: Terra

Rose

Rose James is a Gossipify movie and series reviewer known for her in-depth analysis and unique perspective on the latest releases. With a background in film studies, she provides engaging and informative reviews, and keeps readers up to date with industry trends and emerging talents.