Bolsonaro can be arrested until December if resources are rejected
Former President Jair Bolsonaro and seven other allies convicted in the coup plot’s criminal prosecution may begin to meet the penalties by December this year. According to sources of the Supreme Court (STF) heard by Agência Brasil, the execution of the penalties may occur later this year if the defenses are rejected by the Court.
This Thursday (11), the first class of the Supreme sentenced the former president and his allies to penalties ranging from 16 to 27 years in prison in closed regime.
Compliance with penalties is not immediate because defendants can still appeal the decision and try to reverse the convictions.
Funds
With the end of the trial, the Supreme has up to 60 days to publish the judgment of the trial, a document containing the votes given by the ministers. With the publication of the judgment, the defenses will have five days to present the so -called declaration embargoes, an appeal that aims to clarify omissions and contradictions in the final text of the trial.
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In general, this type of appeal has no power to review the result of the judgment and is often rejected. It is expected that the appeal can be tried by the class itself, which sentenced the defendants between November and December.
If the appeals are rejected, the Supreme will determine the immediate execution of the penalties. As the score of the vote was 4 votes to 1 by convictions, the defendants will not be entitled to bring the case to the plenary.
In order to get the case judged by the full, they would need at least two votes for acquittal, that is, a minimum score of 3 votes to 2. In this case, the infringing embargoes could be filed against the decision.
Arrest location
If the penalties are executed, the defendants should not be in ordinary cells. Army officers are entitled to special arrest, according to the Code of Criminal Procedure (CPP).
Among the convicts, four military personnel are from the Army, one from the Navy and two Federal Police delegates, who can also benefit from the restriction.
Special cells are located in the Papuda Prison, located in the administrative region of the Botanical Garden (DF); At the Federal Police Superintendence or at the Planalto Military Command (CMP) facilities in Brasilia.
The decision on the place of compliance with the penalties will be of Minister Alexandre de Moraes, rapporteur of the criminal plot criminal action.
House arrest
Former President Bolsonaro may also serve the sentence at home due to health problems, resulting from the stabbing against him in the 2018 election campaign.
However, the measure is not automatic and should be evaluated by Minister Alexandre de Moraes, if requested by the defense.
Bolsonaro is already under house arrest, but the measure was determined by the minister in another process, the investigation into US tariff against Brazil.
Defendants and their patents
- Alexandre Ramagem (PF delegate and federal deputy), former director of the Brazilian Intelligence Agency (Abin);
- Almir Garnier (Admiral), former Navy Commander;
- Anderson Torres (PF delegate), former Justice Minister and former Security Secretary of the Federal District;
- Augusto Heleno (General), former Minister of the Institutional Security Office;
- Jair Bolsonaro (captain);
- Paulo Sérgio Nogueira (General), former Minister of Defense;
- Walter Braga Netto (General), former minister of Bolsonaro and candidate for deputy on the 2022 plate.
- The former Bolsonaro orders, Mauro Cid, who is a lieutenant colonel of the Army, has signed an award-winning plea with the Federal Police and will not serve a sentence.
