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Brazil's Supreme Court (STF) begins hearing appeals this Friday from Bolsonaro and other convicts from group 1.

Brazil's Supreme Court (STF) begins hearing appeals this Friday from Bolsonaro and other convicts from group 1.

The First Panel of the Supreme Federal Court (STF) begins judging this Friday (7), at 11 am, appeals filed by former president Jair Bolsonaro and six other defendants convicted of attempted coup in September.

The trial will be virtual, without in-person debates between the justices, who will vote remotely through the procedural system. They can vote until 11:59 PM on Friday of next week, November 14th. Only then will the decision be announced.

The ministers Alexandre de Moraes (rapporteur), Cármen Lúcia, Cristiano Zanin, and Flávio Dino will vote. Luiz Fux, who voted in the main trial where he dissented from the others and acquitted Bolsonaro and other defendants (except Mauro Cid), is not expected to participate. After a falling out in the First Chamber, Fux moved to the Second Chamber of the Supreme Court.

Fux had indicated that he would like to participate in the appeals hearing, but had not formalized this intention by the time this report was published, according to Gazeta do Povo .

A total of six motions for clarification (a type of appeal aimed at correcting obscurities, contradictions, or omissions in the judgment) will be judged, filed by:

  • Jair Bolsonaro, former president, sentenced to 27 years and 3 months in prison;
  • Walter Braga Netto, former Chief of Staff, sentenced to 26 years in prison;
  • Anderson Torres, former Minister of Justice, sentenced to 24 years in prison;
  • Almir Garnier, former Navy commander, sentenced to 24 years in prison;
  • Augusto Heleno, former Minister of the Institutional Security Cabinet, 21 years old;
  • Paulo Sérgio Nogueira, former Minister of Defense, sentenced to 19 years in prison; and
  • Alexandre Ramagem, former director of the Brazilian Intelligence Agency, 16 years old.

The only one who did not appeal was Mauro Cid, Bolsonaro's former aide, who, due to a plea bargain, was sentenced to only 2 years in an open regime.

The judgment of these appeals, in any case, does not necessarily end the process. Recent precedents from the Supreme Federal Court indicate that it is possible to appeal at least one more time before the final judgment, when the sentence becomes definitive and can begin to be served – in the case of the closed regime, inside the penitentiary.

In the most recent case, that of congresswoman Carla Zambelli, the execution of the sentence was ordered by Alexandre de Moraes upon the rejection of the first motion for clarification. But in the previous case, that of former president Fernando Collor, it occurred after the rejection of the second appeal.

The variation occurs because the assessment of each case is unique – some of the appeals may be accepted or not. In Bolsonaro's case, this also applies to the other defendants, who can challenge aspects of the conviction that affect the others.

In any case, within the Supreme Federal Court (STF), the expectation is that the First Chamber will conclude the process, judging all possible appeals, by December. Only then will the sentences begin to be served.

There is still no definition regarding the location for serving the sentences. Last Monday (3), the Penitentiary Administration Secretariat of the Federal District requested that Bolsonaro undergo a medical evaluation so that the agency could verify whether the local prison system is able to take care of the former president's health, which remains fragile to this day due to the stabbing he suffered during the 2018 election campaign.

Moraes ordered the request to be withdrawn from the case , since it has not yet been concluded. Once the judgment becomes final, the minister will open a new case dedicated exclusively to the execution of the sentence, in which he can monitor the prison conditions.

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