During the last two weeks, we have seen the entire process of Bolsonaro’s judgment, who was accused of leading a criminal organization that planned to subvert Brazil’s democratic order after his election defeat. The judgment started on October 2nd, the day of the prosecution and defense, as well as on the 3rd. Those two days gave us an idea of where the entire process was going.
The following days were marked by the votes, from October 9 to 11, resulting in 1 vote against a prison sentence for Bolsonaro, and 4 votes in favor of it. The ministers who were able to vote for a sentence were Alexandre de Moraes, Flávio Dino, Luiz Fux, Cármen Lúcia, and Cristiano Zanin, in this order. Moraes, who is the current justice of the Supreme Federal Court (STF), was also the rapporteur of the case. Today, we could watch the final result.
The event’s order: how did the votes go?
Moraes was the first to vote and was positive for Bolsonaro’s conviction. During his vote, Moraes mentioned that, for him, Bolsonaro was already planning the coup before the results of the elections, and mentioned a speech of the defendant that happened in that context: “I will only leave dead, arrested, or with victory. And I tell the scoundrels that I will not be arrested.”
The second and also positive vote was Flávio Dino’s. Dino stated that Bolsonaro and Braga Netto– also accused-were responsible for threatening the ministers of the Supreme Federal Court. Both votes happened on the first day.
The next day started with Luiz Fux’s vote, and only his vote. Going against the first two, Fux voted for the acquittal of Bolsonaro and the 7 defendants. Fux claimed that the case should not be judged by STF, because for him, the ministers had no competence to deal with the case. Fux used the entire day to vote, which means his vote lasted more than 12 hours.
The last day of voting started with Cármen Lúcia, the only woman among the 11 ministers of STF, and also the only feminine representation among the 5 ministers who were able to vote for a sentence to Bolsonaro. Cármen had a decisive vote in her hands, since there were already 2 votes in favor of a sentence.
During her sentence, Cármen subtly mentioned the dictatorship that occurred in the country between 1964 and 1985: “What is different about this criminal case is that within it beats the Brazil that hurts. The present criminal action is almost an encounter between Brazil with its past, the present, and the future”. With that, Cármen was positive to consider Bolsonaro guilty.
Cristiano Zanin had the last vote on the same day as Lúcia. To end the vote, Zanin made Lux the only minister to vote against Bolsonaro’s prison, by also being positive to a sentence, turning the votes on a 4×1. According to the minister, the Federal Police’s evidence shows that the criminal group led by Bolsonaro acted in a coordinated manner to “break the Democratic Rule of Law, directly relying on the expressed intention to use the Armed Forces.” It’s important to remember that Bolsonaro wasn’t convicted for the crimes that occurred during the pandemic, neither considered guilty of the deaths of that time.
Bolsonaro is officially considered guilty. What’s next?
With all the votes done, Bolsonaro is the first ex-president of Brazil to be convicted for a coup d’etat. Bolsonaro, in addition to being sentenced for a coup, was also convicted for: Armed criminal organization, attempt to violently abolish the Democratic Rule of Law, damage qualified by violence and serious threat, and deterioration of listed heritage.
The sentence defined was 27 years and 3 months of prison: 24 years and 9 months are for imprisonment (which means a sentence for crimes that require a closed regime), and 2 years and 6 months of detention (penalty for semi-open or open regime crimes). In addition to the prison sentence, Bolsonaro was sentenced to 124 days of a fine equivalent to two minimum wages per day. Initially, Moraes suggested only one minimum wage, but the amount was increased by Dino’s suggestion, who highlighted the former president’s high purchasing power.
However, neither Bolsonaro or the other 7 convicted people will be arrested immediately, and there is no prediction of when it will occur: The sentence only begins when there are no more resources available for the convicted’s defense. Bolsonaro has already been under house arrest since August 4th, by Moraes’ decision.
But who defines where Bolsonaro will serve his sentence? That’s also a decision for Moraes, the rapporteur of the case. Initially, Bolsonaro must serve his sentence in a penal institution. In all, the next months should be pretty decisive about Bolsonaro’s future.
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The article above was edited by Beatriz Gatz.
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