STF begins in this 3rd trial that can make Bolsonaro defendant; Understand the process

The trial begins on Tuesday that could make former President Jair Bolsonaro (PL) defendant for the crimes of violent abolition of the Democratic Rule of Law, attempted coup, criminal organization, damage qualified by violence and severe threat, and deterioration of listed assets.

In addition to Bolsonaro, 33 other people were reported, but to facilitate the analysis of individual conduct, the Attorney General’s Office (PGR) divided the prosecution into five nuclei, which includes the former president the first to be analyzed by the first class of the Supreme Court (STF).

The prosecution is based on a report by the Federal Police, which points Bolsonaro as leader of a group that tried to prevent President Luiz Inacio Lula da Silva (PT) in 2023. According to the inquiry, the former president ordered military and ministers to participate in meetings to discuss a coup. The plan did not advance due to lack of support from Army and Air Force commanders, Marco Antônio Freire Gomes and Carlos de Almeida Baptista Júnior, who implied Bolsonaro in his statements.

Who will be judged?

The members of the so -called “crucial core” of the organization that tried to subvert the democratic process after the 2022 elections will be judged this week, according to PGR. The eight accused are:

• Jair Bolsonaroformer President of the Republic
• Alexandre Ramagemformer director of Abin
• ALMIR GARNIER SANTOSformer commander of the Navy
• Anderson Torresformer Minister of Justice
• Augusto Helenoformer GSI minister
• Mauro Cidformer president of the Presidency Orders
• Paulo Sérgio Nogueiraformer defense minister
• Walter Braga Nettoformer minister of the Civil House

What does PGR claim against Bolsonaro?

1. Scammer draft and murder planning

One of the main elements of the complaint is the meeting of December 7, 2022, at the Alvorada Palace, where commanders of the Armed Forces and advisor Filipe Martins discussed the draft of a coup. Navy commander Almir Garnier Santos offered to execute the coup, while Freire Gomes and Baptista Júnior refused to support the institutional rupture.

The complaint also points out that Bolsonaro requested changes to the plan, which included the murder of Lula, Vice Geraldo Alckmin and STF Minister Alexandre de Moraes. The Federal Police arrested four military personnel and a federal policeman suspected of planning the action, called “green and yellow dagger”. The draft was printed at the Planalto Palace by General Mário Fernandes, who was arrested and indicted.

2. Disinformation campaign and acts of January 8

The PGR maintains that Bolsonaro and his allies used misinformation to undermine confidence in the electoral process and create a favorable environment for military intervention. This includes the meeting with ambassadors in July 2022, where Bolsonaro questioned the safety of the electronic ballot boxes. This episode resulted in the ineligibility of the former president by the Superior Electoral Court (TSE).

According to PGR, the coup plan started in 2021 with systematic attacks on the electronic voting system. During the second round of the 2022 elections, security agencies were mobilized to monitor voters and prevent votes in Lula. In finding failures in the electoral system, those involved kept the fraud speech and encouraged militancy to keep the camps in front of the barracks.

The violence of January 8 was the group’s last attempt from preventing Lula’s inauguration, with the encouragement of protests and pressure on the Army’s high command to support a military uprising.

3. Damage against the union’s heritage

The PGR describes that the January 8 episode generated losses over R $ 20 million, with the invasion and depredation of the headquarters of the three powers. Although Bolsonaro did not personally participate in the attacks – he was abroad – PGR says his omission was crucial to the events of that day.

4. Detioration of Heritage Tumbled

The complaint also includes the accusation of deterioration of overturned assets, based on Law No. 9,605/1998. PGR argues that although Bolsonaro did not participate directly in the attacks, planning and damage to listed assets were the result of the criminal organization led by him.

What claims Bolsonaro’s defense?

Bolsonaro has denied his involvement in any coup plot. On several occasions, the former president said he has never discussed a blow with anyone and minimized the “draft of the coup”, claiming that it was only a defense decree, which would need authorization from the National Congress. He also classified the investigation as a “political persecution.”

Next Steps

With the formal denunciation, it is now for the Federal Supreme Court to decide whether to accept the accusation and transforms Bolsonaro a defendant. If the STF ministers accept the complaint, the process will move to the instructional phase, where testimonials and other steps will be performed to gather additional evidence.

A sentence is expected to be issued in 2025, aiming to conclude the case before the 2026 elections, preventing the process from interfering with the electoral calendar. If the defendants do not agree with the judgment, they may appeal, which may further prolong the progress of the case. However, the forecast is that the final judgment will take place by the end of 2025.