The Federal Supreme Court (STF) will begin the trial of Criminal Action (AP) 2668 on September 2, in which former President Jair Bolsonaro and seven former members of his government stand as defendants. They make up the so-called “Nucleus 1” (or “Crucial Core”) identified by the Office of the Prosecutor General (PGR) as the group responsible for attempting a coup d’état between 2022 and 2023. The case will be heard in person by the STF’s First Panel, with five sessions reserved for the proceedings: September 2, 3, 9, 10, and 12.
The trial date was set after the defense submitted its closing arguments. Before that, the preliminary proceedings were held, including the presentation of evidence, the hearing of prosecution and defense witnesses, interrogation of the defendants, and the implementation of procedural steps requested by the parties and authorized by reporting Justice Alexandre de Moraes.
Arguments
The session will open with the reading of the case report (summary of the case) by Justice Alexandre de Moraes. Next, the Attorney General, Paulo Gonet, will have up to two hours to present the prosecution’s arguments. After that, the defense attorneys will deliver their oral arguments, each with one hour. Since defendant Mauro Cid has signed a plea bargain agreement, his defense will speak first, followed by the others, in alphabetical order.
Votes
Once the statements are concluded, Justice Alexandre de Moraes will cast the first vote, presenting his analysis of the facts, evidence, and arguments, and ruling on the conviction or acquittal of the defendants. According to the STF’s Internal Rules of Procedure, the other justices vote in ascending order of seniority on the Court, with the president of the Panel voting last. Thus, after Justice Moraes, the votes will follow this order: Justices Flávio Dino, Luiz Fux, Cármen Lúcia, and finally Cristiano Zanin. The decision on conviction or acquittal is made by majority vote.
In the event of a conviction, Justice Alexandre de Moraes will also present a proposal for sentencing, which will be then voted on by the other members of the Panel.
Defendants
Alongside former President Jair Bolsonaro, the group of defendants includes: Federal Deputy Alexandre Ramagem; Admiral Almir Garnier Santos, former Navy Commander; Anderson Torres, former Minister of Justice; Reserve General Augusto Heleno, former Head of the Institutional Security Office of the Presidency; Lieutenant Colonel Mauro Cid, former aide-de-camp to Bolsonaro; General Paulo Sérgio Nogueira, former Minister of Defense; and retired General Walter Braga Netto, former Chief of Staff.
The group is charged with crimes of attempted violent abolition of the Democratic Rule of Law, attempted coup d’état, participation in an armed criminal organization, aggravated property damage, and deterioration of protected heritage. In the case of Alexandre Ramagem, the part of the indictment concerning acts committed after he took office as a federal deputy in December 2022 has been suspended until the end of his term. Beyond this group, the scheme under investigation includes 24 additional defendants, divided into three other distinct groups, according to the indictment.