What is at stake in the historical judgment of Bolsonaro

StF decides if the former president and seven other defendants are guilty in a plot of the coup. If he attracts the world spotlight and breaks with the post-building reconciliation tradition. In the Brazilian calendar, they evoke the nationalist spirit as 7 September, the day of independence. Children are encouraged to celebrate the colors of the country and the civic and military fashion shows take the streets of various cities. In Brasilia, the tanks pass through the Esplanade of the ministries and a soldier usually contains the President of the Republic.

This year, the celebrations will have a special background: the judgment of the accused of integrating the central nucleus of the plot to give a coup after the 2022 elections, whose bow figure is the former renewed and military president Jair Bolsonaro. The first class of the Federal Supreme Court (STF) begins the trial Tuesday (02/09) and reserved sessions for this until the following Friday.

Bolsonaro supporters will organize acts on September 7 in his defense, under the motto that would be an unjust judgment, and also the critics for the former president will go to the street defending their punishment. The country is divided, with a slight majority of support for the work of the Supreme Court and the arrest of Bolsonaro.

A Datafolha survey conducted on 29 and 30 July stressed that 55% agreed with the first restrictions applied by the Supreme Court against the former president, as an electronic ankle and prohibiting the house at night, while 41% did not agree. The result is closer that Bolsonaro should be arrested for the coup attempt: 48% replied yes and 46%, not on the edge of the margin of two percentage points.

The president of the Supreme Court, Minister Luis Roberto Barroso, recognized that the process brings “a certain degree of tension” to the country, but considers it important to put an end to a cycle. “The judgment is indispensable, because the country must end the cycle in which it is considered legitimate and acceptable to break the constitutional legality because it did not like the electoral result,” he said on August 25th.

In the 50 days preceding the trial, Bolsonaro gradually felt the effects of the restrictions on his freedom. On July 18, he had to install an electronic ankle and it was forbidden to wear social networks, go out at night and communicate with foreign investigators and authorities. On August 4, after the violation of the ban on using social networks, his arrest was decreed and his cell phones were seized and he was forbidden to receive visits without judicial authorization.

These decisions were taken by Minister Alexandre de Moraes, speaker of investigations and criminal actions relating to the attempt to be coupled. The first, which decreed the precautions, was approved by the first class of the court.

Bolsonaro denies having tried a blow and says he is chased by Moraes. His defense declared in the final accusations that the former president at no time “committed any behavior that was intended to prevent or hinder the” Deluiz Inácio Lula da Silva and that “has always defended and reaffirmed democracy and the rule of law”. The other defendants also deny having participated in criminal activities.

What will the judgment be like

The president of the first class, Minister Cristiano Zanin, planned the sessions on 2, 3, 9, 10 and 12 September to judge the criminal action on the thus called “crucial nucleus” of the plot of the coup. They make the collegiate Zanin, Moraes, Carmen Lúcia, Flávio Dino and Luiz Fux.

In addition to Bolsonaro, there are seven other defendants in this criminal action, four of the high -ranking reserve: Almir Garnier Santos, Admiral of the Navy Reserve, Augusto Heleno, general of the Army Reserve and former Presidential Security Minister Paulo Sérgio Nogueira, Exermy Reserve General and former Defense Minister and Walter Braga Netto and formerly Army General and Minister of the Civil House.

The other three defendants are Anderson Torres, former Minister of Justice and former secretary of the public security of the Federal District, Alexandre Ramagem, Federal Deputy (PL-RJ) and former general manager of the Brazilian Intelligence Agency (Abin) and Mauro Cid, Lieutenant Colonel of the Army and former Bolsonaro order.

The group is accused of having committed five crimes in 2022 and 2023: Coup d’état, attempted violent abolition of the state of democratic law, armed criminal association, damage against the inheritance of the union and deterioration of the inverted heritage. Only Branch will not respond to the crimes of damage against the activities of the Union and the deterioration of the listed activities.

The process will be started with Moraes who reads his relationship on the case, followed by the demonstration of the Prosecutor General, Paulo Gonet. Later, the defendants’ lawyers present their oral support, starting with the defense of Mauro Cid, who signed a collaboration agreement with the winner of the prize. Bolsonaro’s defense will be the fifth to speak.

Finally, the ministers present their votes and, if there is a majority for the sentence, they establish the penalty of each defendant. Depending on the evolution, it is possible that the process is not closed the twelfth and that the new sessions are marked. It is also possible that a minister asked for a vision of the process, with a period of 90 days for the return. Even if there is a request, the process should end this year.

Brasilia will have a further contingent of police officers during the days of judgment and about 30 police officers will be promptly promptly to the Supreme Court, even at night. The shackles also took place in the ministers’ houses.

What is at stake

From a historical point of view, the trial will be the first time that the Brazilian judicial system sucks us and, finally, punish a former president for an attempt to be a coup. It is a pause with the latest model adopted the last time that Brazil suffered a coup in 1964, whose leaders and sponsors were spared after redemocratization by a generous amnesty.

The Boconati and Conservative members of the Congress have tried to advance a project that the amnesty the former president and his supporters, but the contract has not revealed himself. According to the Datafolha survey mentioned at the beginning of this text, 55% of the Brazilians are against an amnesty, while 35% are favorable.

The process will take place relatively quickly considering the complexity of the case and the standards of the Brazilian judiciary: two years and eight months after the scammer acts of January 8, 2023, which depreciated the headquarters of the three powers in Brazilia and shook the beginning of the current administration of Lula. .

Most of the Bolsonarist mass that participated in the scammer documents has already been held responsible. 1,628 criminal actions were opened on the Supreme Court on the case and until 12 August 1,190 people had been held responsible for the Court – 638 were tried and sentenced and 552 others admitted the practice of less serious crimes and made an agreement with the federal prosecutor.

The Supreme Court will also be in the international spotlight. Bolsonaro is part of a current of parties and movements in various countries of the world. The documents of the scammers of January 8, 2023 in Brasilia emulated the attack on the Capitol of 5 January 2021 in Washington DC, when the supporters of Donald Trump, therefore defeated in his campaign for the re -election, tried to prevent his successor, Joe Biden.

The evolution of both violent attempts to subversion of the institutional order has so far had very different ways, which has led to the British magazine, the economist to publish a coverage relationship that the Bolsonaro process in Brazil offers a lesson of “democratic maturity” in the United States.

This distinction was underlined by Lula, whose government is on the Trump goal. The leader of the United States has announced a rate against Brazil, among other reasons, with the suspension of the Bolsonaro trial.

“If Trump were Brazilian and if he had done what happened on the Capitol, he would have been tried, and if he had also violated the Constitution according to the Court, he would have been arrested also,” Lula said in an interview with the CNN who published his pressure in the event of Trump’s tent to expand his pressure in case of detention, in the event of a curtain, in Trump, in the event of a distance in the event of a distance in the case of Distance, in the event of a tent, in Trump, to Trump to expand in the event of a tent, so that the parallel is a condominium.

Finally, a possible condemnation of Bolsonaro accelerates the controversy over the right between pre-cantalieri to the Planalto who wants to support the political base of the former president, such as the governor of San Paolo, Tarcísio de Freitas (Republicans) and the governor of Minas Gerais, Romeu Zema (Novo)

Bolsonaro is not already admissible until 2030, due to other cases judged by the Upper Electoral Court (TSE), but refuses to support a name for the 2026 elections. This strategy is similar to the one that Lula did when it was arrested from April 2018 in November 2019 for passive corruption and money laundering in the Triplex criminal action in Guarujá, subsequently canceled by the StF.

Petaro followed a candidate for the 2018 elections as a way to increase political pressure by reversing his process, and the PT has only declared that Fernando Haddad would have been his candidate on the last day of the electoral deadline.

What happens if Bolsonaro is sentenced

If it is considered guilty of the crimes of which it is accused, Bolsonaro can receive a maximum sentence of over 40 years of imprisonment. The definition of penalty takes into account several factors, including the age of the prisoner.

If there is a divergence between the first class ministers on the sentence in Bolsonaro, it is possible for their lawyers to submit an appeal called in violation of embargo to try to bring the process to the plenary of the court, but there is doubt if this could be applied in this case.

Bolsonaro is 70 years old and some health problems, in part due to the stab he took during the 2018 election campaign. Since he was setting in home, he had had a hiccups and reflux symptoms. On August 16, the former president went to the hospital to perform tests and his medical relationship indicated a picture of lung, esophagitis and gastritis infections.

According to a report by the newspaper Folha de S.Paulo, the Stf ministers evaluate that a possible condemnation of Bolsonaro in prison would not be satisfied in a barracks of the army, as it could stimulate a movement of its supporters. Two other possibilities are taken into consideration: a special cell in Papuda prison, in Brasilia, or a room adapted to the superintendence of the Federal Police in the Federal District – similar to what happened when Lula was arrested in Curitiba.

If condemned, Bolsonaro’s defense must ask him to serve the sentence on a home regime, citing the previous one of the former president Fernando Collor, who is 76 years old and was sentenced for a corruption regime on the BR distribution. A few days after being arrested, the Supreme Court authorized on May 1st that would have served the sentence at home, after the defense says that he suffers from serious diseases, including Parkinson’s disease, serious night apnea and bipolar emotional disorder.

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.