Dino anticipates that he will vote for harsher sentences for Bolsonaro and Braga Netto.

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Minister Flávio Dino , of the Supreme Federal Court (STF) , gave this Tuesday, 9, the second vote to condemn former president Jair Bolsonaro (PL) and the other seven defendants of the “crucial nucleus” of the coup plot for all five crimes imputed to them in the complaint from the Attorney General's Office (PGR) .

"We are here doing what we must, fulfilling our duty. This is not judicial activism, this is not tyranny, this is not dictatorship. On the contrary: it is the affirmation of the democracy that Brazil has built," the minister said in concluding his vote.

With Flávio Dino's position, Bolsonaro and his allies are one vote away from conviction. The trial is taking place in the First Chamber of the Supreme Federal Court, composed of five justices. Voting will resume on Wednesday the 10th.

In addition to the former president, those responding to the process are Walter Braga Netto (former Minister of Defense and Civil House), Augusto Heleno (former Minister of GSI), Alexandre Ramagem (federal deputy and former director of Abin), Anderson Torres (former Minister of Justice), Paulo Sérgio Nogueira (former Minister of Defense), Almir Garnier (former Commander of the Navy) and Mauro Cid (former aide-de-camp to Bolsonaro).

The sentences will be defined at the end of the vote, if there is a majority in favor of conviction - they could reach up to 43 years in prison.

Dino said he would suggest tougher measures for Bolsonaro and Braga Netto, who, in his assessment, played a"dominant role" in the coup plan.

According to the minister, although all defendants participated in the coup conspiracy, their levels of involvement and culpability differ. According to him, Paulo Sérgio, Augusto Heleno, and Alexandre Ramagem had"minor participation."

Dino: Bolsonaro and Braga Netto hold dominant roles in the criminal organization

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‘Proof beyond a reasonable doubt’

Dino considered the accusations proven. In the minister's view, the defense didn't even attempt to deny the evidence, merely shifting blame for the coup plot.

"The oral arguments have one element that unites them: there is no attempt to refute materiality. The facts are practically undisputed regarding what empirically occurred in our country. There were, above all, attempts to deny authorship. The lower echelon says: 'No, that was at the higher echelon.' The higher echelon: 'No, that was at the lower echelon.'"

Dino completely followed Justice Alexandre de Moraes, the reporting judge on the case, who was the first to present his vote and called for the conviction of the eight defendants. This alignment was expected. It had already been signaled when the complaint was received.

The two votes presented similar conclusions but differed profoundly in style. Moraes was more thorough—it took five hours to complete his vote—and belligerent. He used critical adjectives against the defendants, comparing them to"terrorists" and "PCC criminals." Dino preferred a more technical tone and dispensed with reading the entire vote, addressing only the most relevant aspects of the indictment to avoid repetition.

‘A trial like any other’

At the outset, in a sort of preamble to the vote, Dino guaranteed that political and external pressures will not influence the STF's decision.

"Ad hominem arguments, personal arguments, aggression, coercion, and threats even from foreign governments are not matters that constitute decision-making. Those who wear this cape have sufficient psychological protection to stay away from them, and perhaps that's why they wear the cape, as a sign that all these extra-auto factors do not interfere, and they really do not," the minister began.

"Technically, this is a trial like any other. It's not an exceptional trial, it's not different from what our fellow judges conduct across the country," Dino added.

The trial takes place in a context of international intimidation, with retaliatory measures by the President of the United States , Donald Trump , against the ministers, such as economic sanctions and the cancellation of visas.

Dino assured that the US government's threats don't intimidate the Supreme Court."The Supreme Court is doing its job: applying the law to the specific case. Nothing more. It would be undesirable for anyone to be intimidated by threats or sanctions. I'm astonished to imagine someone reaching the Supreme Court and being intimidated by a tweet. Do people really believe that a tweet from a foreign government official will change a Supreme Court ruling? Does anyone imagine that a credit card or Mickey Mouse will change a Supreme Court ruling?" the judge quipped.

The justice offered his apology to the Supreme Court and countered criticism of a lack of impartiality, in another attempt to reduce the political weight of the trial. Dino recalled the Mensalão convictions, in which left-wing politicians linked to the Workers' Party (PT) were sentenced to prison.

"It seems that, from a club perspective, when a soccer referee awards a penalty for my team, he's the best in the world, but if he awards it for another team, he becomes the worst in the world. But the referee is the same, and the rules are the same," the minister said, analogizing Bolsonaro supporters who are now criticizing the Supreme Court.

“Do they think that a credit card or Mickey Mouse will change their judgment?” Dino quips.

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No amnesty

Dino also argued that the crimes under trial are not subject to amnesty. With this message, the minister joins Moraes, who has previously criticized"impunity" as an alternative to bringing peace to the country.

Without directly mentioning the Amnesty Proposal (PEC), which allies of the former president are trying to push through Congress, Dino stated that crimes against democracy “are unequivocally incapable of amnesty.”

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"There has never been an amnesty granted to the highest echelons of power. Amnesty has never served as a kind of self-amnesty for those in power," the minister added.

If an amnesty bill is approved in Congress, the Supreme Federal Court (STF) may be called upon to judge the constitutionality of pardoning the coup plotters.

Dino: 'The name wasn't Green and Yellow Bible; camps weren't at church doors'

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Minister cited the Green and Yellow Dagger plan and the encampments in Brasília barracks to counter the narrative that there was no serious threat. Credit: TV Justiça

Armed Forces

The minister also addressed the Armed Forces. Dino said that the institution as a whole is not on trial in the Supreme Court, but he advocated for reflection on the role of the military in Brazil's political life.

Dino stated that national sovereignty requires “strong, equipped, technical and autonomous” Armed Forces, but also “exempt and non-partisan.”

"This isn't a judgment on the Armed Forces, but let's remember that the general preventive function of criminal law also applies to this case. It's not normal that every 20 years we have instances of attempted or even ruptured constitutional fabric," the minister criticized.

Mauro Cid's Denunciation

Like Moraes, Flávio Dino also defended the legality of Mauro Cid's plea bargain. According to Dino, there were no differing versions"as if one denied the other," but rather disagreements "reasonable within the limits of the human mind."

Any cancellation of the plea bargain agreement would not affect the evidence obtained from it, which would remain valid, but it could result in the loss of the agreed benefits. This point remains open.