SÃO PAULO AND BRASILIA – The First Chamber of the Supreme Federal Court (STF) sentenced former President Jair Bolsonaro (PL) to 27 years and 3 months in prison for the crimes of armed criminal organization, coup d'état, attempted violent abolition of the Democratic Rule of Law, deterioration of listed heritage, and aggravated damage to federal property. The other seven defendants were also convicted of the same crimes, by a vote of 4 to 1.
Highlights
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Lieutenant Colonel Mauro Cid was sentenced to two years in an open prison. Retired General Walter Braga Netto was sentenced to 26 years in prison. Former Minister Anderson Torres and former Navy Commander Almir Garnier were sentenced to 24 years in prison.
Retired General Augusto Heleno was sentenced to 21 years in prison, and Retired General Paulo Sérgio Nogueira to 19 years. The justices continue to debate the sentencing.
The vote of Minister Cristiano Zanin , president of the panel, was the last to be delivered on the afternoon of this Thursday, the 11th, the fifth day of the trial. Before him, with the vote of Minister Cármen Lúcia , the Court formed a majority for conviction.
"I believe the Attorney General's Office has proven that Jair Messias Bolsonaro committed the crimes he is accused of as leader of the criminal organization," the minister said.
Moraes, who voted on Tuesday, took the floor during Cármen Lúcia's vote. The rapporteur showed a video of Bolsonaro's speech on September 7, 2022—the former president made a series of threats to the minister on that occasion—and refuted important points in Fux's vote, such as the claim that no criminal organization was formed and that January 8 was the result of a"disorderly mob."
"I ask: would any of us here allow and affirm that this is freedom of expression, and not a crime, if a mayor, in a small town, inflamed the people against the district judge?", asked Moraes after Bolsonaro's speech was broadcast.
, in all the charges brought by the Attorney General's Office (PGR) . Minister Luiz Fux dissented. In a lengthy vote, with harsh criticism of the complaint and the report, the judge called for the conviction of Cid and Braga Netto for attempted abolition of the Democratic Rule of Law, acquitting them of the other charges. For the remaining defendants, he dismissed the crimes imputed by the Attorney General's Office.
Before beginning his analysis of the merits of the complaint, Fux argued for the nullity of the case due to the lack of jurisdiction of the Supreme Federal Court (STF) and the First Chamber to evaluate the criminal case, and also accepted other challenges to the case from the defendants' defense. This vote diverges from the Justice's own positions in other cases related to January 8th.
Fux read the vote in 12 hours, excluding breaks. There was no session scheduled for Wednesday afternoon, but the trial continued into the evening. On Thursday, the morning session was canceled, and the trial resumed with the afternoon session.
