Coup plot: understand the next steps of the action against Bolsonaro in the Supreme Federal Court after the request for conviction by the Attorney General's Office

After the submission of the requests for conviction of former President Jair Bolsonaro and other defendants to the Supreme Federal Court, deadlines will be set for the defense of Mauro Cid and the accused to present their arguments.

The first 15-day period will be for the lieutenant colonel's lawyers to argue for his acquittal in the case. Afterward, the remaining defendants will have another 15 days to present their closing arguments.

Mauro Cid's defense has the prerogative to present its arguments at this time because it signed a plea bargain agreement with the investigators.

After the closing arguments, the case will be ready for trial. The First Panel will be responsible for scheduling the review of the case, which will determine whether the group should be acquitted or convicted.

The Attorney General's Office defended, this Monday (14), the conviction of former president Jair Bolsonaro for attempted coup d'état in 2022.

The opinion of the Attorney General's Office was forwarded to Minister Alexandre de Moraes, of the Federal Supreme Court, rapporteur of the criminal action against Bolsonaro and seven other defendants.

On the last day of the deadline, the Attorney General's Office submitted the final arguments to the court in the case against the "crucial nucleus" of the criminal organization responsible for the attempted rupture of democracy. The document summarizes the case and sets out the Public Prosecutor's Office's position.

The action investigates the conduct of eight defendants - including former President Jair Bolsonaro.

In addition to Bolsonaro, this group comprises:

- Alexandre Ramagem, former director of Abin;

- Almir Garnier, former Navy commander;

- Anderson Torres, former Minister of Justice;

- Augusto Heleno, former Minister of the GSI;

- Mauro Cid, former aide-de-camp to the Presidency;

- Paulo Sérgio Nogueira, former Minister of Defense;

- Walter Braga Netto, former Chief of Staff of Bolsonaro.

They are charged with five crimes: attempted violent abolition of the Democratic Rule of Law, attempted coup d'état, participation in an armed criminal organization, aggravated damage and deterioration of listed heritage.

What are the closing arguments?

At the end of June, Minister Alexandre de Moraes ordered a deadline for submitting documents. The closing arguments phase is the final stage before the trial that will decide whether the group should be charged or acquitted.

Closing arguments are the last opportunity before trial for the prosecution and defense to present arguments and analyze evidence and facts presented during the investigation.

The parties submit their information to the Supreme Court in written briefs. In these briefs, they summarize the progress of the case and reinforce their arguments for acquittal or conviction, based on the evidence presented throughout the proceedings.

These are the final considerations before the trial. The documents are analyzed by the justices of the First Chamber. However, these are not statements that must be followed: the justices evaluate the case independently, assessing the evidence produced in the proceedings as a whole.

The deadline is 15 days and is counted successively: it started with the Attorney General's Office.

Next, Lieutenant Colonel Mauro Cid's defense will have another 15 days to present its case (having entered into a plea bargain agreement in the case, it must present its arguments before the other defendants). After that, the defenses of the remaining defendants will have a joint 15-day term.

As there is a defendant in prison - General Braga Netto - the deadlines run even during the Judiciary's recess, from July 2 to 31.

The Attorney General's Office's complaint against the "crucial nucleus" was filed in February of this year.

In March, upon admitting the accusation, the First Chamber of the Supreme Federal Court allowed the opening of criminal proceedings against the group.

The case went through the discovery phase—evidence gathering and testimony—in April, May, and June. Confrontations were also conducted as additional investigations.

Once the deadline for filing allegations has ended, the action will be ready to be taken to trial in the First Chamber of the Court, on a date yet to be set in the second half of the year.

This decision will determine whether the group will be convicted or acquitted.

The panel rules by majority, analyzing the situation of each defendant. It can follow two paths:

- acquittal, if the ministers understand that there was no crime or the group is not the perpetrator, for example; in this case, the case is archived and there is no punishment.

- conviction, if the judges conclude that the group committed the crimes identified by the PGR; in this case, they present proposals for calculating the sentence, based on each individual situation.