Dino advances dosimetry and points to lower participation of branch, Heleno and Paulo Sérgio

Minister Flávio Dino of the Supreme Court (STF), said on Tuesday (9) elements of the dosimetry of penalties by voting for the conviction of Jair Bolsonaro (PL) and seven other defendants of the so-called coup plot. For the minister, there is no doubt that the “levels of guilt” between the accused are different, which should be reflected in any penalties.

According to Dino, Bolsonaro exercised the function of “dominant figure” of the criminal organization, alongside General Walter Braga Netto.

“There is no doubt that guilt is quite high. The rapporteur has already alluded to the condition of Jair Bolsonaro as a dominant figure. He and the defendant Braga Netto occupy this function and had mastery of all the events narrated in the process,” he said.

The minister cited as evidence against Bolsonaro the threats to STF ministers, the coup discourse on September 7, 2021, and the knowledge about “black kids” and the green and yellow dagger plan meetings.

About Braga Netto, Dino added that the former minister coordinated military personnel, kept dialogue with camps, passed on resources and instigated the architecture of the coup plot with the former president.

Intermediate guilt

Dino also attributed high responsibility to other central nucleus members, such as Almir Garnier (former Navy Commander), Anderson Torres (former Justice Minister) and Mauro Cid (former Assistant of Orders). According to him, these defendants played an active role in executory acts and contributed directly to the strengthening of the coup plan.

In the case of Torres, the minister highlighted the ministerial meeting, the operation of the PRF that obstructed the transportation of voters in the Northeast and the draft of the coup found in his home. Mauro Cid was pointed out as a central piece to operationalize meetings and scammer plans.

Smaller participation

The minister considered the participation of General Augusto Heleno, Alexandre Ramagem (former director of ABIN) and Paulo Sérgio Nogueira (former Minister of Defense). Ramagem would have acted mainly in the campaign to discredit the electoral system, while Heleno participated in meetings and discussions linked to the plan.

Regarding Paulo Sérgio, Dino assessed that he even acted aligned, but retreated in part of the coup initiatives. “When we are watching a movie, we almost cheer to (the character) do not do, but did it,” he said. For the minister, although it does not fit the effective regret thesis, his posture can be considered attenuating in dosimetry.

Differentiation of penalties

Dino stressed that the sentence cannot treat all defendants in the same way, under penalty of disregarding the division of tasks within the criminal organization. “The penalties cannot be the same for all accused, because responsibilities within the criminal organization were different,” he said.

With Dino’s vote, the score is 2-0 for the conviction of the eight defendants of the coup plot. The trial continues on Wednesday (10) with the votes of ministers Luiz Fux, Cármen Lúcia and Cristiano Zanin.