Live | Bolsonaro Trial: Cármen Lúcia’s Vote Opens the 5th Day of Session at the STF

With the vote of Supreme Court Justice Cármen Lúcia on Thursday, the First Chamber forms a majority to convict former President Jair Bolsonaro (PL) and the other seven defendants for armed criminal organization, coup d’état, attempted violent abolition of the Democratic Rule of Law, deterioration of a listed property, and qualified damage against the Union. The ministers continue to analyze on Thursday, the criminal action against the former president and allies for an attempted coup after the 2022 elections. The score is 3 to 1 for conviction. After Cármen Lúcia’s vote, Cristiano Zanin, the President of the Chamber, will speak. Ministers Alexandre de Moraes, the case’s rapporteur, and Flávio Dino voted for the conviction of all, in all charges brought by the Attorney General’s Office (PGR). Minister Luiz Fux dissented. In an extensive vote, with harsh criticisms of the indictment and the report, the magistrate called for the conviction of Cid and Braga Netto for an attempt to abolish the Democratic Rule of Law, acquitting them of the other accusations. For the other defendants, he rejected the crimes charged by the Prosecution. Before delving into the merits of the indictment, Fux argued for the nullity of the process due to the incompetence of the STF and the First Chamber to evaluate the criminal action, in addition to accepting other objections to the defendants’ defenses. The vote differs from the minister’s own positions in other cases related to January 8. Fux read the vote in 12h, excluding break times. There was no session scheduled for Wednesday afternoon, but the trial extended into the evening. On Thursday, the morning session was canceled, and the trial will resume with the afternoon session. The trial outcome is expected to be proclaimed on Friday, the 12th. Bolsonaro and the other defendants are accused of an armed criminal organization, a coup d’état, an attempted violent abolition of the Democratic Rule of Law, deterioration of a listed property, and qualified damage against the Union. The PGR sought the conviction of the former president for all the listed crimes, which, combined, could exceed 40 years imprisonment. The penalty’s quantum will still be defined by the ministers in case of conviction.