The bills evaluate that the role of leadership of Bolsonaro and the high number of condemned crimes explain the size of the sentence.
During the entire process of the former president Jair Bolsonaro at the Supreme Court (Stf), the laws had already calculated that if it had been sentenced for all the crimes he had been accused, his minimum possible sentence would be about 12 years and the maximum, about 40 years.
This Thursday (11/09), the first class of the Supreme Court decided: Bolsonaro was sentenced to 27 years and 3 months in prison, in the closed initial regime.
Interviewed by BBC News Brasil, it evaluated that the sanction was foreseen, considering for example the role of leadership of Bolsonaro in the crimes for which he was considered guilty by the armed criminal organization; attempted violent abolition of the state of democratic law; coup d’état; Damage qualified by violence and serious ease against the activities of the Union and with considerable damage to the victim; and deterioration of the listed heritage.
In addition to Bolsonaro, the other seven defendants in the criminal action have also been sentenced.
“The penalties were compatible with what was expected, Both Consider the Crimes That Were Constuted and Compared to the People Who Were Effectively in the Janogy 8 Demonstractions. They were Higher penalties, as these defenants effectely led, coordinate those people,” sats ” Wallace Corbo, a Teacher of Law at the Getulio Vargas Foundation (FGV) in Rio de Janeiro, Referring to the People Who are convict of Attacks and Invasions to the Square of the Tre. Powers in Brasilia in 2023.
The judge of the Court of Justice of the State of Saint Paul (TJ-SP) Marcelo Semaer and professor of criminal procedural law João Pedro Padova, of the Federal University of Rio de Janeiro, underlines that the former president was sentenced by all five crimes he replied.
“There was no excess. [a pena] It could reach 43 years. And people without command power received up to 17 years, “said Sever.” There are several crimes. “
“We are talking about a maximum of 40 years. The leader Jair Bolsonaro is about 27 years old, who is about two thirds of the maximum penalty. It is a reasonable feather, more or less expected,” adds Padua.
Taiguara Lebano, professor of criminal law Ibmec in Rio de Janeiro, currency that, even if foreseen, this is a high penalty.
It also underlines that all the defendants – except Mauro Cid, who made a complaint – had penalties above the least possible.
“The dominant understanding in the jurisprudence is to establish the sanction to the legal minimum, with the sanction it can be increased when there is some basis that justifies the addition. Perhaps, what could have weighed to the detriment of the former president and the other defendants is the judicial circumstance of guilt. The first class may have considered extreme gravity, which would have justified an increase”, says Lebano.
The Ibmec-Rj teacher cites the “Green Green Function Plan”, found during the investigation and who, according to the office of the Prosecutor General (PGR), was intended to limit freedom and even kill the Minister of Stf Alexandre de Moraes, President Luiz Inacio da Silva and vice-president Gerald Alfmin.

For Lebanon, this type of testing can justify a “very high degree of disapproval of the condemned conducts” of the Stf.
“It is expected that the CEO according to the law, with the Constitution. The responsibility of a CEO is greater than a normal citizen. So the Supreme must have taken into consideration when fixing the penalties,” says the teacher, observing that it is not yet possible to access the judgment at full judgment and make a more detailed analysis.
The sanctions determined by the ASF were:
- Alexandre Ramagem: 16 years, 1 month and 15 days of deprivation of freedom in the closed initial regime and 50 days at the end
- Almir Garnier: 24 years of freedom deprivation in the closed initial regime and 100 days of end
- Anderson Torres: 24 years of freedom deprivation in the closed initial regime and 100 days of end
- Augustus Heleno: 21 years of deprivation of freedom in the closed initial regime and 84 days of final
- Jair Bolsonaro: 27 years and 3 months of deprivation of freedom in the initial closed regime and 124 days of final
- Mauro Cid: 2 years of imprisonment in the open regime
- Paulo Sérgio Nogueira: 19 years of freedom deprivation in the closed initial regime and 84 days of final
- Walter Braga Netto: 26 years of deprivation of freedom in the initial closed regime and 100 days of final
For Taiguara Libanon, the 2 -year sentence open to Mauro Cid shows that most of the first class of the Supreme Court has ratified his complaint.
“The agreement provided for an important reduction of the sanction. The Supreme understood that the agreement was valid, pertinent to identify the paternity of the other defendants in this criminal action. Therefore, the collaboration agreement was validated and the benefits provided for in the agreement were satisfied”, says the professor of Ibmec-Rj.
For the judge Marcelo Semaer, the penalty for Cid was low.
“But they [ministros do STF] They thought it was nice to keep the agreement. And this generates a great stimulus to the complaint, especially in other nuclei, “says the jurist.
And how is Bolsonaro’s situation?

Experts also explained that in order to arrest, there must be a judic res – when there is no possibility of appeals and the decision becomes definitive.
And to be jutted, any appeal must be submitted, which can take place as soon as the sentence is published, a document by registering the collegial decision.
Since the criminal action has already started to be evaluated to the Supreme Court – not first, as common processes – the resources available are embargo.
The embargo declaration, which can be presented whatever the score, serve to clarify ambiguity, omission or contradiction in the judgment.
The merit almost never change, but they can lead, for example, to a reduction in the penalty.
The embargo in violation, on the other hand, have the power to change the result of the process.
Stf staff states that it is possible to present only the embargo in violation “if there are two votes for acquittal” – however, the defendants were sentenced in first class with a score of 4 votes to 1.
Only Luiz Fux voted for the acquittal of Bolsonaro and five other defendants. For Mauro Cid and Braga Netto, he voted for condemnation only for the crime of attempted violent abolition of the rule of law.
Taiguara Lebano states that the request for “embargo of embargo” can even occur, that is, an appeal that disputes a first evaluation of the embargores of the declaration.
He says that this is “unlikely but possible”, since the Supreme Court can evaluate that the intention of the second appeal is only to delay the final decision.
The Lebanon estimates that the res judit, in this case, occur about a month.
Marcelo Semaer explains that a domestic arrest must come after the final judgment and after the arrest mandates have been issued.
Bolsonaro has been in home arrest since the beginning of August, but as a precautionary measure imposed by Minister Alexandre de Moraes, who considered the former president to have failed the previous restriction orders.
Semaer underlines that the domestic arrest after the sentence is exceptional. It should be shown that the accused cannot receive treatment where he is arrested.
For João Pedro Padova, from Uff, Bolsonaro must be able to serve the sentence in home arrest due to health problems, following the previous one of the former president Fernando Collor
However, even if the former president had no health problems, the consequences of the stab he took during the 2018 electoral Lebanon, Lebanon, explains that “certainly” Bolsonaro should not have been 27 years in prison.
This is because the law of criminal execution provides for the flexibility of the sanction after a while, at the time of a judge’s decision.
For crimes with the use of violence or a serious threat – such as the coup d’état and the attempt at violent abolition of the democratic state, according to Lebanon – a prisoner can move from the lock to the semi -open regime after serving 25% of the sentence, for example.
Source: Terra

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