Braga Netto’s defense files an appeal against conviction in the STF

The defense of retired general Walter Braga Netto filed an appeal to the Federal Supreme Court (STF) against his conviction in the coup plot. These questions could be judged as early as this week, according to members of the court. Braga Netto was sentenced to 26 years in prison

The deadline for filing the embargoes began last week, after the publication of the ruling, a document that makes the outcome of the trial official, bringing together the votes of all ministers.

In addition to motions for clarification, used to clarify inconsistencies in the trial, defenses can resort to infringing motions.

The STF’s understanding, however, is that this second type of appeal is only valid against a class decision if there are two votes for acquittal.

According to the procedure considered normal by members of the Court, after the embargo of declaration, the defendants still have the right to present a second embargo of the same type. Only then, if the requests are rejected, will the sentence begin.

What are the crimes?

Braga Netto was convicted by the First Panel for five crimes: armed criminal organization, attempted coup d’état, attempted abolition of the Democratic Rule of Law, qualified damage through violence and serious threat to Union assets, and deterioration of listed assets.

Why was he convicted?

According to the Federal Police, he participated in strategic meetings and instructed military personnel to pressure colleagues against the plan. The Attorney General’s Office also accuses him of trying to interfere in Mauro Cid’s testimony. Braga Netto has been in pre-trial detention since December 2024, accused of acting as one of the leaders and financiers of the coup plot.

What does the defense allege?

In the appeal, Braga Netto’s lawyers claim that the conviction is based on weak evidence and a plea bargain that would have been obtained under duress.

In the final arguments delivered to the STF, the defense classified the “Punhal Verde Amarelo” plan, which envisaged the murder of authorities, as “laughable” and denied any involvement of the general with the document. The lawyers also claim that whistleblower Mauro Cid did not present material evidence of the alleged delivery of money by Braga Netto to finance coup actions.

Furthermore, the defense questions the impartiality of Minister Alexandre de Moraes, rapporteur of the case, and points out nullities in the process, such as the so-called “document dump” — the sending of an excessive volume of digital documents, which would have made it difficult for the defense to properly analyze the material.