What crimes are the accused Bolsonaro and what are the expected

If the former president is sentenced for all crimes, the maximum penalties added to 40 years of prison.

Former president Jair Bolsonaro (PL) and seven other defendants begin to be tried on Tuesday (2/9) for attempted coup by the Supreme Court (Stf).

The process should last five sessions, Tuesday and Wednesday this week (2/9 and 3/9) and Tuesday, Wednesday and Friday next week (9/9, 10/9 and 12/9).

The sessions should be divided into a maximum of three steps: oral support; read votes for condemnation or acquittal; and, in the event of a sentence, a last phase of votes relating to the setting of the sanctions.

Bolsonaro and the other seven former members of his government are accused of five crimes linked to an alleged state -of -the -art plan to prevent Luiz Inacio Lula da Silva (PT) from taking power after the 2022 elections.

Among the eight defendants there are three generals of the Heleno Army-Army (former Minister of the Institutional Security Office), Paulo Sérgio Nogueira (former Minister of Defense) and Braga Netto (former Civil Chamber Minister) and Almir Garnier Santos, former commander of the Navy.

In addition, the defendants are Alexandre Ramagem, former general manager of the Brazilian Intelligence Agency (Abin); Anderson Torres, former minister of justice; And Mauro Cid, a former Orders of Orders of Bolsonaro, who made a award -winning complaint that is the basis of part of the accusation.

They would be part of what the prosecutor’s office (PGR) has defined the “crucial nucleus” of a state -deployed conspiracy against the victory of President Luiz Inacio Lula da Silva in the 2022 elections. Everyone deny the accusations.

Among the crimes attributed to the former president are:

• leadership of the criminal organization;
• attempted violent abolition of the state of democratic law;
• coup d’état;
• damage against the legacy of the Union;
• and deterioration of the listed heritage.

If Bolsonaro is sentenced for all crimes, the maximum penalties added to overcome 40 years in prison, since he is accused of led the alleged criminal organization.

In Brazil, penalties for over eight years begin to be adequate in a closed regime.

Although the maximum sanction can exceed 40 years, this does not mean that if sentenced to it, the eight defendants will spend all this arrested time. This is because Brazilian criminal legislation provides for the progression of the regime.

Therefore, the total isolation period depends on variables, such as behavior, if the prisoner has already committed other crimes and work or study in the criminal establishment. In addition, the maximum prison time in the country cannot exceed 40 years.

Understand, below, what each of the crimes for which Bolsonaro will be tried.

Criminal organization

In the complaint against the former president, presented by Pgr and accepted by the Supreme Court in March of this year, the prosecutor General, Paulo Gonet Branco, accuses Bolsonaro for the crime of “main armed criminal organization”.

Law no. 12,850 of 2013 defines a criminal organization of the association of four or more people in an orderly structure and characterized by the division of tasks.

The legislation also states that, in order to adapt to a criminal organization, the group must aim to obtain advantages of any type and has committed criminal crimes whose maximum sanctions are over 4 years or transnational.

The sanction provided for the individual who integrates, finances or promotes a criminal organization is imprisonment, from 3 to 8 years, and a fine, without prejudice for the sanctions corresponding to the other criminal crimes committed.

In the case of Bolsonaro, the PGR highlights the conditions provided for in paragraphs 2, 3 and 4 of article 2, which provide aggravation of the sanction if in the execution of the criminal organization there is a use of firearms and if the person performs the control function in the organization.

In the complaint, Gonet speaks of “a plot of the armed conspiracy performed against democratic institutions”. The prosecutor also stresses that the use of war weapons against the Minister of Stf Alexandre de Moraes was part of the State of State of Bolsonaro.

The murder of the magistrate was part of the “Green Green Green” Plan, which also aim to assassinate Lula and the deputy elected Gerald Alfine.

Violated abolition of the state of law and the coup d’état

Both crimes are provided for in article 359 of the penal code. The number 14.197, sanctioned by former president Jair Bolsonaro in 2021, were included by the law on the democracy of crimes.

This standard replaced the national security law, which was from the time of the military dictatorship.

The two crimes are part of the chapter of crimes against the democratic institutions of the law and already punish the attempt to attack the institutions, even if the institutional break has not materialized.

The text includes a penalty of 4 to 8 years in prison for those who prove, with the use of violence or serious threat, to abolish the state of democratic law, preventing or limiting the exercise of constitutional powers.

It also provides for 4 to 12 years in prison for the attempt to be coupled through violence or the serious threat.

Damage against the legacy of the Union

In addition to dealing with the alleged involvement of Jair Bolsonaro with the attempt to coup, the report of Pgr also connects the former president to the attacks of January 8, 2023 against the headquarters of the three powers of the Republic.

At the time, thousands of radical supporters of the former president, dissatisfied of the elections and the inauguration of the president Lula, invaded and depreciated the Palazzo Planalto, the congress and the Stf.

According to the prosecutor General Paulo Gonet Branco, the episode was favored and facilitated by the alleged criminal organization of which Bolsonaro would have been part. According to him, the group must be held responsible “for the promotion of acts attentive to the democratic order, in order to break the constitutional order, preventing the functioning of the powers, in rebellion against the rule of democratic law”.

Furthermore, according to the complaint, the committed violence would have generated estimated losses of over $ 20 million.

The crime of damage against the Union’s activities, for which Bolsonaro has been reported, is also foreseen in the penal code.

The public pension service accused the former president for the crime of “qualified damage by violence and a serious threat against the activities of the union and with considerable damage to the victim”.

The penal code provides for detention, from 6 months to 3 years, and a fine, as well as the sentence corresponding to violence.

And although Bolsonaro did not participate in attacks in person – he was abroad on January 8, 2023 – Gonet argued that the tragic result of the events “cannot be dissociated by the intentional omissions” of the accused.

The prosecutor also stated that there were sufficient evidence to demonstrate that the central nucleus of the alleged criminal organization was constantly dialogue with popular leaders, “in clear acts of direction, being fully aware of all the movements that would have been performed by their supporters”.

The complaint also speaks of the omission of the members of the Public Security Office “in the context of their responsibilities in public safety, to prevent exactly the barbarisms that have occurred.”

Declared of the heritage

The complaint for the crime of deterioration of the overturned activities follows the same justification as the previous one: according to the prosecutor, although he did not participate in the attacks of January 8, Jair Bolsonaro should be connected to the results of the events of that day.

According to the complaint sent to the Supreme Court, the alleged coup d’état plan “entailed the destruction, uselessness and deterioration of the activities of the Union, including listed activities”.

“All accused, in units of projects and division of tasks, have contributed significantly to the violent project of power of the criminal organization, in particular to the maintenance of the scenario of social instability which culminated in harmful events,” says the text.

The attorney general also declared that the alleged criminal organization, through its members, would have directed the popular and interfered movements in the necessary safety procedures, which is why it is responsible for the damage caused.

The crime of deterioration of overturned equity is provided for by law no. 9.605, 1998, with a prison penalty, from 1 to 3 years and a fine.

Caroline Souza graphic designer, team of visual journalism of BBC Brazil

Source: Terra

Rose

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