Minister Flávio Dino of the Federal Supreme Court voted, on Wednesday (26), for receiving the complaint against former President Jair Bolsonaro (PL) and seven other allies for attempted coup.
During his vote, the minister vehemently refuted the Bolsonarist arguments trying to minimize events on January 8, claiming that there was no coup d’état because there were no deaths.
Dino recalled that the military coup of March 31, 1964 also did not result in immediate deaths, but triggered an exception government, with profound consequences for Brazil.
“This kind of reasoning is an aggression to families who have lost their loved ones in a moment of darkness in Brazil,” said Dino, noting that the attempt to coup need not necessarily result in deaths to be characterized as a crime.
The minister added that although the 1964 coup did not generate fatalities at the time of the action, he led the country to a regime of repression and violence that lasted years.
In a firm tone, Flávio Dino stated: “Blowing of state kills, no matter if it is the day, the next day, or later”, referring to the case of former Deputy Rubens Paiva, who was disappeared during the military dictatorship.
The minister pointed out that violence on January 8, although not resulted in deaths, could easily have caused them, but that the attempt to coup is sufficient to characterize the offense, according to criminal law.
Dino reaffirmed that the criminal character of the January 8 action is unequivocal, and that the focus should be on an attempt to undermine democracy, regardless of the fatal victims that could or have not occurred.
The minister voted to follow the full vote of Minister Alexandre de Moraes to receive the complaint against the accused.
Next Steps
After reading the vote of Flávio Dino, ministers Luiz Fux, Cármen Lúcia and Cristiano Zanin will present their votes.
The expectation is that, later this Wednesday, the Supreme Court declare the result of the vote on the complaint. However, it is not necessary unanimity. With only three favorable votes, the complaint can be accepted and transformed into criminal action.
The accusation against Bolsonaro is based on a report by the Federal Police, which points it as leader of a group that tried to prevent Luiz Inacio Lula da Silva (PT) in 2023. If the complaint is accepted, the process will go to the instructional phase, where more evidence will be analyzed and witnesses will be heard.
