The first day of judgment of the complaint against former President Jair Bolsonaro (PL) and seven other allies involved in the scammer acts of January 8, 2023 ended without the vote on the receipt or not of the complaint. The morning and afternoon sessions were devoted to the presentation of the defenses by the accused’s lawyers, followed by the rejection of all the preliminaries raised by the defenses.
The analysis of these procedural issues, which constituted the initial stage of the judgment, focused on the objections of the defenses on supposed formal vices in the progress of the investigation, including questions about the validity of Mauro Cid’s award-winning denunciation, former Jair Bolsonaro orders.
Now, the first class of the Supreme Federal Court (STF) prepares for the second stage of the trial, which will be decided on Wednesday (26). See the main points of this first session:
Mauro Cid’s denunciation
Among the most debated points, the validity of Mauro Cid’s award -winning denunciation was central. The former Bolsonaro orders have been appointed as a key piece in the investigation into the attempted coup d’état. The defendants’ defenses questioned the legality of the denunciation agreement, claiming that CID was pressured by the Federal Police to collaborate with the investigations.
Minister Alexandre de Moraes, rapporteur of the case, refuted these allegations, noting that, on several occasions, it was clear that Mauro Cid has signed the collaboration agreement voluntarily and with the guarantee that his collaboration would be legitimate. He stated that the former orders of orders contributed consciously and spontaneously to investigations.
Minister Luiz Fux, although voted against the cancellation of the denunciation, did an important weighting, noting that the award -winning denunciation is a serious procedure and that the employee committed a few omissions in his statement. Fux expressed interest in following the whistleblower’s hearing in court, at the proper time of the process.
SUSPECTION OF MINISTERS
The defendants of the accused also called for the suspicion of ministers Alexandre de Moraes, Flávio Dino and Cristiano Zanin, claiming that they would not be impartial to judge the case. The suspicion was one of the procedural matters raised, trying to prevent these ministers from participating in the vote.
However, the STF plenary rejected the suspicion unanimously, with the ministers arguing that the controversy had been resolved earlier in an extraordinary session convened by the court presidency last week.
During the session, the ministers Luiz Fux and Cármen Lúcia took the opportunity to make public praise to the performance of Moraes. Fux, in particular, stated that Minister Moraes acted with full competence and impartiality.
“The minister behaved exactly in the sense that it is the duty of every judge anywhere in the world: acting impartially to guarantee the rights of the parties,” said Cármen Lúcia.
STF Competence
Another important point discussed was the competence of the Supreme Court to process and judge the case. The defenses argued that the accused, mostly, have no more privileged forum and, therefore, the process should be analyzed by the first instance.
However, Minister Alexandre de Moraes refuted this allegation, noting that the Supreme has already consolidated his competence to prosecute and judge actions related to acts of 8 January 2023.
Moraes emphasized that the court had already reaffirmed its competence to judge these cases in 1,494 actions and that the accused, at the time of the facts, were still in the exercise of positions with forum prerogative. He also pointed out that, in previous judgments, the STF has already expanded the range of the privileged forum to include authorities and politicians, even after departure from office, in cases involving functional crimes.
“It’s not something new. The Supreme has already confirmed its competence for all crimes related to January 8, 2023,” Moraes countered.
Request for judgment in plenary
The accused also asked the trial to be made at the STF plenary, with all the ministers, not in the first class.
The defense of one of the accused, Admiral Garnier Santos, argued that the complaint filed by the Attorney General’s Office (PGR) was contradictory and based on “lies” of the Federal Police. The lawyer questioned the choice of the first class for the trial, suggesting that the case be analyzed by the plenary due to its relevance.
Minister Luiz Fux was the only one to vote in favor of the transfer request to the plenary, being overcome. He justified his position, stating that the subject was not so peaceful and that it should therefore be analyzed by the full board.
Minister Alexandre de Moraes explained that the competence of the classes was determined to unburden the plenary, allowing him to focus on constitutional issues.
Moraes also pointed out that, for presidents and former presidents, the forum prerogative is applied exclusively during the exercise of office, but, after the departure, the trial may occur in the STF classes.
Judgment and double degree of jurisdiction
Another argument raised by the defenses was the impact of the decision made by the first class on the “double degree of jurisdiction”, that is, the possibility of reviewing decisions by a complete collegiate.
Minister Moraes clarified that, in the case of the accused with forum prerogative, the double degree of jurisdiction does not apply, as the STF classes are already collegiate by nature.
Bolsonaro’s defense also requested the application of the judge’s principle of guarantee, but the request was unanimously rejected by the court ministers.
Bolsonaro’s presence in the STF
Former President Jair Bolsonaro made a surprise appearance at the Supreme Court (STF) on Tuesday, hours before the trial of the complaint against him. Bolsonaro sat next to his lawyers in the front row and said he was present to follow the analysis of the complaint against him.
“I always expect justice. I’m fine. Nothing is based on the accusations made partially by the Federal Police,” Bolsonaro said after landing in Brasilia.
Attorney detention
In a parallel episode, retired judge Sebastião Coelho, lawyer of Filipe Martins (former Bolsonaro’s international advisor), was arrested by the STF’s judicial police for contempt to the court. Rabbit was released after the police report drawn up.
In addition, other Bolsonarist deputies were initially barred at the entrance of the Supreme Court, being instructed to follow the trial of the Second Class. There were attempts at rioting at the entrance, with parliamentarians protesting against the restriction.
Next Steps
The trial continues on Wednesday (26), at 9am, with the analysis of the merits of the complaint. The ministers must decide whether or not they accept the accusations, making the accused accused. If the complaint is accepted, the process will go to the instructional phase, with testimonials and other steps before the final judgment.
