Jair Bolsonaro’s defense filed a new appeal this Friday (28) at the Federal Supreme Court (STF) to try to annul the sentence of 27 years and three months in the case over the coup plot. The former president remains detained in a room at the Federal Police Superintendence, in Brasília.
This time, the lawyers filed infringing embargoes, which are used when the defense understands that a decision was taken incorrectly and wants the case to be reevaluated. The objective is to overturn the understanding of Minister Alexandre de Moraes, who rejected on Tuesday (25) the embargoes for declaration and ordered the beginning of the sentence for Bolsonaro and six other defendants from the central core investigated.
The defense accuses Moraes of committing a judicial error by classifying the previous appeal as “delaying”. According to the lawyers, this request was not even analyzed, which, for them, undermines the broad defense and makes it necessary to review the decision.
The lawyers also claim that the dissenting vote of Minister Luiz Fux, who acquitted Bolsonaro, should prevail. Fux understood that there were not enough elements to qualify him for the crime of participating in a criminal organization, the central point of the conviction.
Despite this, Moraes maintains that Bolsonaro no longer has the right to appeal. He cites the STF jurisprudence, which limits the use of infringing embargoes to situations in which there are at least two votes for acquittal. In the September 11 trial, the score was 4 to 1 for conviction, which prevents the presentation of this type of appeal.
The new request will be analyzed again by Moraes. So far, there is no deadline for the decision.
