In a new appeal, Bolsonaro’s defense says that the STF committed a “judicial error”

The defense of former president Jair Bolsonaro presented this Friday (28) to the Federal Supreme Court (STF) a new appeal against the sentence of 27 years and three months in the criminal action for the coup plot. The former president is detained in a room located at the Federal Police Superintendence (PF), in Brasília.

Lawyers filed so-called infringing embargoes to try to overturn Minister Alexandre de Moraes’ decision. On Tuesday (25), the minister already denied another defense appeal, the embargoes for clarification, and ordered the execution of the conviction of Bolsonaro and six other defendants from core 1 of the coup plot.

For the defense, the minister’s decision, which was endorsed by the First Panel, should be considered a “judicial error” and needs to be reviewed.

“Given the utmost respect, it is not appropriate to state that an appeal that had not even been proposed was delaying. In fact, without being aware of its reasons, it was considered a delay in nature”, stated the defense.

According to the defense’s understanding, the dissenting vote of Minister Luiz Fux, who acquitted Bolsonaro for participating in the coup plot, should prevail in the trial.

“And precisely due to the absence of typical prerequisites for characterizing the crime of belonging to a criminal organization, the dissenting vote by the eminent minister Luiz Fux was necessary in acquitting the defendant (Bolsonaro)”, the lawyers added.

Jurisprudence

Moraes ordered the execution of the sentences after understanding that Bolsonaro and the other defendants no longer have the right to appeal their convictions.

The minister cited the Court’s jurisprudence and said that the former president is not entitled to infringing embargoes.

To get the case tried again, Bolsonaro needed to obtain at least two votes for acquittal, that is, a minimum score of 3 votes to 2 in the trial held on September 11th and which condemned the accused. However, the score for conviction was 4 votes to 1.

The new resource will be analyzed by Alexandre de Moraes. There is no deadline for decision.