‘History teaches us that impunity, omission and cowardice are not options for peace’

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Minister Alexandre de Moraes , of the Supreme Federal Court (STF) , stated this Tuesday, 2, at the opening of the trial of former president Jair Bolsonaro (PL), that impunity for the coup plotters is not an option for the pacification of Brazil.

“The seemingly easier path, and only apparently so, which is impunity and omission, leaves traumatic scars on society and corrodes democracy, as Brazil's recent past regrettably demonstrates,” Moraes argued.

If convicted by the Supreme Federal Court, the former president could still benefit from the Amnesty Bill, a bill that the opposition is seeking to pass in Congress. Senator Flávio Bolsonaro (PL-RJ) said this afternoon that he hopes to soon present a proposal for a"broad, general and restricted amnesty" for those convicted of involvement in the January 8th attacks.

Without directly mentioning the initiative, Moraes argued that the country's pacification"depends on the application of laws and the strengthening of institutions" and cannot be confused with the "cowardice of appeasement."

If the bill is approved by Congress, the Supreme Federal Court (STF) could be called upon to rule on the constitutionality of the pardon for the coup plotters. Besides Moraes, other justices have already stated that they consider the proposal illegal, including Gilmar Mendes and Luís Roberto Barroso, the dean and president of the Court, respectively.

The trial of the coup plot leaders takes place in a context of international pressure, with retaliatory measures from the President of the United States , Donald Trump , against the ministers, especially Moraes, who is the rapporteur of the process, such as economic sanctions and the cancellation of visas.

Without making explicit reference to the American government, the minister said that the role of the Supreme Federal Court is to judge impartially and apply justice, “independently of threats or coercion, ignoring internal or external pressures.”

Moraes stated that a “true criminal organization” attempted to coerce the Supreme Court and “submit the Court’s functioning to the scrutiny of another foreign state,” but guaranteed that the pressure would not intimidate the court in its judgment of the coup plot.

"Institutional courage and defense of national sovereignty are part of the republican universe of the members of this Supreme Court, which will not accept coercion or obstruction in the exercise of its constitutional mission," the judge responded.

This is the first time the minister has spoken out in the proceedings regarding the Donald Trump administration's offensive. Congressman Eduardo Bolsonaro (PL-SP) and former President Jair Bolsonaro himself are investigated on suspicion of orchestrating retaliation against the Supreme Federal Court in the United States in an attempt to obstruct the trial of the coup.

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The minister argued that Brazilian democracy will reach 2025 “strong” and with independent institutions.

"Obviously, this does not mean that there were 37 years of political, economic, or social tranquility, but it does mean that the guidelines defined by the Federal Constitution for our democratic rule of law proved to be correct and prevented countless setbacks," said the rapporteur.

Moraes also used his speech as a platform to defend the investigation procedures and conduct of the case. The defendants raised a series of procedural challenges throughout the criminal proceedings, including allegations of censorship of their defense.

Moraes stated that the trial is “another development of the Supreme Federal Court’s legitimate exercise of its criminal jurisdiction” and stated that, despite the importance of the case, the process followed all legal procedures and respected the defendants’ right to defense.

These considerations were made before the reading of the case report began and provide a clue to the minister's vote, which should be lengthy and forceful. It is not standard practice for rapporteurs to deliver speeches at the opening of trials.

The report is a technical summary of all stages of the process leading up to trial, a kind of step-by-step guide to the criminal proceedings. It does not present any conclusions on the merits of the charges.

The summary recounts the progress of the case from the opening of the investigation into the coup, through the receipt of the complaint, production of evidence, statements from 149 witnesses and interrogations of the defendants, until reaching the final arguments of the prosecution and defense.

The reading is just the preamble to a historic trial. The climax is expected next week, when the justice will reveal his vote, which is hundreds of pages long. This is the first time the Supreme Federal Court has ruled on a coup attempt.

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 indictment lists five crimes: armed criminal organization, coup d'état, attempted violent abolition of the democratic state, damage to a listed heritage site, and serious damage to federal property. Convicted criminals can face up to 43 years in prison.

Before the vote, the prosecution and defense will have the opportunity to present their final arguments to the ministers in person, which should take place during the two sessions scheduled for this week.

Bolsonaro watched the first day of the trial from home, where he is under house arrest under constant police surveillance. The Federal Police warned of the risk of flight after finding a draft request for political asylum in Argentina on the former president's cell phone.

The most likely outcome for Bolsonaro is conviction. The Supreme Federal Court (STF) accelerated proceedings to conclude the trial of the coup plot's leaders by 2025, in an attempt to avoid affecting the electoral calendar. In this scenario, imprisonment to serve the sentence is not immediate and depends on the conclusion of appeals.