STM should judge Bolsonaro's loss of patent only after the elections
The STM (Superior Military Court) must analyze the processes of loss of post and patent of military personnel convicted of attempted coup d'état only after the October elections.
According to CNN, in addition to the concern about preventing the electoral period from influencing the Court's discussions, there is a fear that the results of the polls will change the political and legal scenario surrounding the cases.
The senator and pre-candidate for the Presidency of the PL, Flávio Bolsonaro (RJ), for example, has already stated that, if elected, he will seek to grant amnesty to former president Jair Bolsonaro, one of the convicts who faces the process of losing his rank and rank in the military court.
Other factors also contribute to the lengthening of the processing of cases. The Judiciary went into recess last Thursday (2_) and will only resume activities on August 3, paralyzing procedural deadlines and all non-urgent cases during this period.
In addition, in June, the STM defined a new procedure for judging loss of rank and rank. The procedure allows for the indication of evidence during the process, including the sharing of documents from the STF with the STM and the attachment of written statements from supporting witnesses, which are those intended to attest to the military's conduct and reputation, without directly dealing with the facts that led to the criminal conviction.
This change should stimulate a new move by the defenses, which will try to increase the volume of evidence favorable to the accused, delaying the conclusion of the trials.
In addition, the processes are processed individually in the STM, which means that each case has its own rapporteur and, therefore, the analyzes can progress and be completed at different times.
Jair Bolsonaro's lawyers presented their defense to the STM in February. Now, it is up to the rapporteur to prepare his vote. The process will then be forwarded to a reviewing minister.
After the case has been returned by the reviewer, the rapporteur may request the inclusion of the case in the judgment agenda. The definition of the date is up to the president of the STM, minister Maria Elizabeth Rocha.
In the STM, there is no reassessment of the merits of the conviction imposed by the STF. Ministers do not re-analyze the evidence or discuss guilt or innocence. The assessment is limited to verifying whether the conduct attributed to the convicts is compatible with the moral requirements required to maintain the military rank and rank.
In addition to Bolsonaro, the court's cases include Almir Garnier, a former Navy commander, and army generals Paulo Sérgio Nogueira, Augusto Heleno and Walter Braga Netto.
Lieutenant-Colonel Mauro Cid, also convicted of an attempted coup, will not be subjected to this process. This is because his sentence was only two years in prison as a benefit for having signed a plea bargain agreement. Loss of rank and patent is only analyzed in cases where the sentence exceeds two years.
Source: CNN