Court to rule on Bolsonaro coup plot case
Brazil’s Federal Supreme Court will begin ruling on Tuesday (Mar. 25) on whether former president Jair Bolsonaro and seven others indicted for the coup plot will face criminal charges.
The case will be heard by the Court’s First Panel, comprising five of its 11 justices. If the former president and his allies become defendants, they will face criminal charges that could lead to conviction or acquittal.
The Supreme Court will decide whether to accept the complaint filed in February by Attorney General Paulo Gonet against the so-called “Crucial Nucleus” or “Nucleus 1,” consisting of eight of the 34 individuals indicted in the case. The members of the nucleus are:
·Jair Bolsonaro – former President of Brazil
·Walter Braga Netto – Army general, former minister, and Bolsonaro’s vice-presidential running mate in the 2022 elections
·General Augusto Heleno – former Minister of the Institutional Security Cabinet
·Alexandre Ramagem – former director of the Brazilian Intelligence Agency (Abin)
·Anderson Torres – former Minister of Justice and former Secretary of Security for the Federal District
·Almir Garnier – former commander of the Navy
·Paulo Sérgio Nogueira – Army general and former Minister of Defense
·Mauro Cid – whistleblower and former aide-de-camp to Bolsonaro
The panel has also scheduled a session for Wednesday morning (26) to conclude the case analysis, following the procedures outlined in the Supreme Court’s regulations.
Rules of procedure
- Opening: Justice Cristiano Zanin, the panel’s president, will open the session.
- Report: Justice Alexandre de Moraes will present the report summarizing the accusations, defense statements, and case proceedings.
- Prosecution: The Attorney General will deliver a 30-minute oral argument in favor of making the accused defendants.
- Defense: Lawyers for the eight defendants will each have 15 minutes to present their arguments.
- Rapporteur: Moraes will then address any preliminary issues raised by the defense, such as requests to annul evidence or claims of restricted document access.
- Voting: The other justices will cast their votes on these matters.
- Merits: If preliminary issues are resolved, Moraes will present his vote on the merits, deciding whether the accused will become defendants.
- Final Votes: The other justices will vote on whether to uphold or oppose Moraes’ decision.
- Adjournment: After all votes are cast, the session will conclude.
Criminal organization
The Attorney General’s complaint alleges that Bolsonaro “led” a criminal organization to carry out acts against the democratic order. According to the Attorney General’s Office, the group, composed of military personnel and other individuals within the state structure, operated between July 2021 and January 2023.
“The criminal organization took all necessary steps to overthrow the legitimately elected government,” the complaint states.
The indictment mentions that Bolsonaro was aware of the plan called "Yellow Green Dagger," which outlined the strategies and execution of actions aimed at assassinating President Luiz Inácio Lula da Silva, Vice President Geraldo Alckmin, and Supreme Court Justice Alexandre de Moraes.
The Prosecutor’s Office also asserts that the former president was aware of the draft decree intended to carry out a coup d’état in the country. The document came to be known during the investigation as the “coup draft.”
Other nuclei
In the coming weeks, the Supreme Court will also decide whether 26 additional individuals accused of involvement in the coup plot will be formally charged. These individuals are part of nuclei 2, 3, and 4 of the indictment, which the Prosecutor’s Office divided to streamline the trial process.
