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The Supreme Federal Court (STF) concludes oral arguments and resumes Bolsonaro's trial next week, with Moraes' vote.

Wednesday, September 3


Alternative Takes

Judicial Authority and Court Dynamics

Defense Strategy and Evidence Challenges


247 - The trial of Jair Bolsonaro (PL) and seven other defendants involved in the events of January 8, 2023, when an attempted coup d'état took place, continues in the Supreme Federal Court (STF). This Wednesday (3), the court concluded the oral arguments of the defenses, closing the discussions for the resumption of the trial, scheduled for next Tuesday (9), with the vote of the reporting minister Alexandre de Moraes. The trial will have sessions on September 9, 10 and 12, and expectations are high regarding the outcome of one of the most emblematic processes in recent Brazilian history.

What has happened so far

The trial began on Tuesday (2) with the reading of the case report by Minister Alexandre de Moraes. In his speech, Moraes made a point of highlighting the relevance of the case for the preservation of Brazilian democracy, stating that"history teaches us that impunity, omission and cowardice are not options for peace." The minister also made a strong statement about national sovereignty, in a clear message to the government of Donald Trump, President of the United States:"national sovereignty cannot, should not and will never be vilified, negotiated or extorted."

The Attorney General's Office (PGR), represented by Attorney General Paulo Gonet, continued the debates, delivering his oral arguments. He minced no words in classifying the reported acts as part of a"shocking and sinister panorama," emphasizing that the defendants, under Bolsonaro's leadership, collaborated in a coordinated manner to attack democratic institutions. Gonet argued that the January 8th acts cannot be minimized and that everyone involved contributed, in some way, to the coup's success. He emphasized that, although some defendants did not participate in every stage, their actions were fundamental to the final outcome of the plot.

Oral defense arguments

After the prosecution's arguments, the court heard the defendants' defenses. Jair Alves Ferreira's lawyer, who represents Lieutenant Colonel Mauro Cid, Bolsonaro's former aide-de-camp and considered a key player in the investigation, emphasized the importance of his client's plea bargain with the Federal Police. He countered criticisms from other defenses and emphatically stated that there was no external or internal pressure for Cid to accept the plea bargain.

Next, the defense of Alexandre Ramagem, former director of the Brazilian Intelligence Agency (ABIN), argued against the accusations of illegal surveillance of Supreme Court justices and other political opponents of Bolsonaro. Attorney Paulo Renato Cintra refuted the PGR's allegations, clarifying that the aforementioned events occurred before Ramagem took office at ABIN and that he was not involved in the disinformation episodes related to the electoral system.

The defense of Admiral Almir Garnier, former Navy commander, denied that his client was involved in the coup attempt, specifically in the efforts to overturn the results of the 2022 elections. Attorney Demóstenes Torres made a point of emphasizing that Garnier never offered support for declaring a state of siege or carrying out a military operation to ensure Bolsonaro's victory or permanence in power.

The defense of Anderson Torres, former Minister of Justice and Secretary of Public Security of the Federal District, focused on the so-called"coup minutes" found by the Federal Police, attempting to dismiss it as an irrelevant document widely available online and lacking legal validity. Torres, who was on vacation on the day of the attacks, was also accused of leaving the Federal District amid the unrest, but his defense argued that the trip was already scheduled and had no connection to the events of January 8th.

On Wednesday (3), the lawyer for Augusto Heleno, former minister of the Institutional Security Office (GSI), defended the general's innocence, claiming that the material collected by the PF was disorganized and that, because of this, the case against Heleno could not be validated. The defense also argued that Heleno distanced himself from Bolsonaro after the strengthening of the Centrão in the government, which, according to them, distanced the general from the coup plots.

Bolsonaro's defense, in turn, refuted the accusations of involvement in the coup attempt. Attorney Celso Vilardi categorically stated that there is no concrete evidence linking the former president to the events of January 8th or to the documents revealed in the investigation, such as the so-called"Green and Yellow Dagger" or "Operation Spyglass." Vilardi strongly criticized Mauro Cid's collaboration, accusing the plea bargain of being"false" and without legal value. Bolsonaro's defense argued that the former president never violated the democratic rule of law, and that discussions about constitutional measures such as the state of siege were nothing more than hypotheses raised in a moment of crisis.

The defense of Paulo Sérgio Nogueira, former Defense Minister, also denied any involvement of his client in the coup plots, arguing that he tried to dissuade Bolsonaro from taking any measures that would harm the country's stability.

The defense of Walter Braga Netto, former Defense Minister and former Chief of Staff, argued that the general did not have enough time to exercise his right to defense, and requested the annulment of evidence related to Mauro Cid's plea bargain.

Expectations for the trial

With oral arguments concluded, the STF is preparing to resume the trial next Tuesday (9), with the vote of rapporteur Alexandre de Moraes. The trial will continue with new sessions scheduled for September 9, 10 and 12.

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