Defense requests new analysis of Bolsonaro’s conviction by the STF plenary
The defense of former president Jair Bolsonaro, sentenced to 27 years and three months in prison, asked this Monday (12) that the coup plot process, already closed by the Federal Supreme Court (STF), be reevaluated by the Court’s plenary. The lawyers also ask for their client’s acquittal by citing Luiz Fux’s dissenting vote during the analysis by the First Panel of the STF.
In the appeal, an appeal, the defense asks the Court to reconsider so that an “infringing embargo” can be analyzed and the merits of the defense’s allegations can be assessed again.
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According to the lawyers, Fux “highlighted the absolute absence of evidence of the imagined association of the aggravating party (Jair Bolsonaro) in the also imagined criminal organization”.
“For all these reasons, it is requested that this appeal be granted, reforming the aforementioned appealed decision, so that in the end the Infringing Embargoes are known and met so that, if the terms of the dissenting vote prevail, Jair Messias Bolsonaro is acquitted”.
In December, Bolsonaro’s defense had already requested a reassessment of the merits through an infringing embargo.
At the time, Minister Alexandre de Moraes argued that the STF’s current understanding is that infringing embargoes can only be filed against decisions of a class if there have been two votes for the defendant’s acquittal. In the case of the coup plot trial, there was only one, Fux.
“It is important to highlight that this understanding of the Federal Supreme Court, in the sense of requiring 2 (two) acquittal votes of its own, has been peaceful for more than 7 (seven) years, making clear the inadmissibility of the embargoes and revealing the merely delaying nature of the violators, in order to authorize the immediate decree of the final judgment”, argued Moraes.
