247 - The First Chamber of the Supreme Federal Court (STF) requested this Thursday (11) the withdrawal of the military rank of Jair Bolsonaro (PL), retired Army captain, and four generals convicted of the attempted coup d'état. The decision also revoked the mandate of federal deputy Alexandre Ramagem (PL-RJ) and determined the loss of his positions and that of former Minister of Justice Anderson Torres, both delegates of the Federal Police. The information is from Folha de S. Paulo.
According to the Constitution, an Armed Forces officer may be expelled from service if convicted of a criminal conviction of more than two years in prison. The Military Court can only review the case after the coup plot has become final, that is, after all possible appeals against the conviction have been exhausted.
Convicted military personnel may lose their rank in the STM
Of the eight people convicted in the criminal action regarding the coup plot, six are military personnel: Bolsonaro (retired captain), Paulo Sérgio Nogueira (general), Augusto Heleno (general), Walter Braga Netto (general), Almir Garnier (admiral) and Mauro Cid (lieutenant colonel), the latter benefiting from a plea bargain.
Bolsonaro was sentenced to 27 years and 3 months in prison for attempted coup d'état and four other charges. Despite serving in the reserves since 1988, he still receives R$12,861 in pay as a retired captain.
The case will be forwarded to the Superior Military Court (STM), which is expected to confirm the loss of ranks. Military personnel judicially expelled from their careers are called"fictitious dead," lose benefits, and have their salaries converted into pensions for their families.
Revocation of Alexandre Ramagem's mandate
During the trial, rapporteur Alexandre de Moraes also highlighted that the execution of the sentence in a closed regime makes it impossible for Ramagem to continue exercising his parliamentary function.
"Since the sentence is a closed regime, this does not correspond to the possibility of continuing to serve in office. It is the number of absences provided for in the article [...]. I propose that we apply our precedent by decreeing the loss of office, to be declared by the Board of the Chamber of Deputies," Moraes stated.
The congressman was convicted of three crimes, while the military personnel faced five charges. His case remains partially suspended in the Chamber of Deputies, which has yet to rule on the crimes of aggravated damage to public property and deterioration of listed buildings.