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Bolsonaro may remain in prison after Supreme Court ruling on coup plot

Estadão

Brazil

Tuesday, September 9


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Jair Bolsonaro may remain in prison after the trial of the main core of the coup plot concludes at the Supreme Federal Court (STF). He is under house arrest to prevent escape and obstruction of the investigation. If it orders the immediate start of the sentence for those convicted, the court will need to decide whether Bolsonaro will remain at home or be transferred to the Papuda penitentiary in Brasília.

At the Supreme Court, the rule is that the convicted person remains free until the final judgment of the conviction—that is, until all available appeals have been considered by the defense. However, since Bolsonaro is already in prison, it would make no sense to release him after the trial, which is expected to result in a conviction, until the court has reviewed the attorneys' appeals.

According to court sources, the First Chamber justices may declare immediate execution of Bolsonaro's sentence. The intention is to prevent another escape by a convicted person in a criminal case before the sentence has begun. Congresswoman Carla Zambelli, who was convicted by the Supreme Federal Court, fled to Italy while still free while appealing her conviction.

Another defendant from the main group is also in pretrial detention: General Walter Braga Netto. He was arrested in December of last year for attempting to obstruct the investigation. In theory, the general could have been released when the investigation was concluded. However, he remains in prison.

Braga Netto's denial of release may indicate that the soldier may remain behind bars after his Supreme Court trial. In such cases, the time spent in pretrial detention may be deducted from his sentence.

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