The Brazilian Supreme Court charged on Wednesday to former ultra -rightist president Jair Bolsonaro for five crimes whose penalties are around 40 years in prison in total, within the framework of the process for an alleged coup attempt to cancel Luiz Inacio Lula da Silva’s victory in the 2022 elections.
The crimes for which the ex-president (2019-2022) will be tried, together with other senior military and government positions, are punished with sentences that go from six months to 12 years in prison each, although the Brazilian law limits to 30 years the deprivation of liberty.
On the other hand, in case of condemning, the calculation of the penalty will depend on whether the magistrates determine that each crime is independent or if they conclude that certain crimes are included among others broader and, therefore, only the punishment of the latter is applied, according to the jurists consulted by EFE.
The defense of Bolsonaro has rejected the accusations and has accused of committing irregularities to the researchers and the magistrate instructor of the case.
Coup d’etat
The most serious of all crimes that are imputed to him, with a penalty of four to 12 years in prison, is defined by law as the “attempt to depose, through violence or serious threat, to the legitimately constituted government.”
The prosecution’s complaint, admitted today by the Supreme Court, affirms that this purpose was reflected in the “recurring attacks” to the electoral process, the “undue manipulation” of the security forces to interfere in the elections, and “the call of the high command of the army to obtain military support” to an alleged decree with which the electoral results were intended to annul.
Attempt to violent abolition of the democratic state of law
It provides a punishment between four and eight years in prison and, although it is closely related to the crime of coup d’etat, this criminal type puts the focus on the attempt to “prevent or restrict the exercise of constitutional powers”, which includes the legislative and judicial power and is not limited to the Executive.
You may be interested: EU supreme ratifies Biden restrictions to ‘ghost weapons’
According to the complaint, Bolsonaro and the other defendants “undermine” constitutional powers against public opinion, “encouraged violence against their structures”, in reference to the violent invasion of the Sedes of the Supreme, Congress and Presidency on January 8, 2023, and planned the murder of Lula, then elected president, and a magistrate of the Supreme.
Armed criminal organization
The Prosecutor’s Office accuses Bolsonaro of leading an armed criminal organization, a crime punished with a prison sentence between three and eight years and that may increase in case of aggravating applied if the denounced exercised the command, if he was a public official or if the action contemplated the use of firearms.
The organization allegedly commanded by the former president, according to the Public Ministry, was developed with “hierarchical order”, had a “strong influence of military sectors” and presented a “division of tasks” among its members.
Protected heritage deterioration
The crime entails a penalty between one and three years in prison for those who act to “destroy, use or deteriorate” goods protected by law.
According to the complaint, the plot led by Bolsonaro gave “moral and material” support to the mob that violently invaded the headquarters of the Supreme, the Congress and the Presidency in January 2023 and which caused damage valued at at least about 4.6 million dollars.
Qualified Damage Against Public Heritage
It is defined as that damage committed with violence and with “considerable” damage to the victim, provides a penalty of prison of six months to three years, and is also related to destruction during the events of January 8.
With EFE information.
Subscribe to our YouTube channel and do not miss our content
