The Federal Police intend to include in the final report of the investigation into the plot by the military to assassinate President Luiz Inácio Lula da Silva, Vice-President Geraldo Alckmin, and Alexandre de Moraes, currently justice of the Supreme Court. There is evidence that former President Jair Bolsonaro knew his allies' intentions.
The police started releasing on Thursday (21) the final report of the investigation into the attempted coup d'état that culminated in the anti-democratic acts of January 8. Bolsonaro and allies in the top echelon of his government were indicted for attempting to violently abolish the democratic rule of law, coup d'état, and criminal organization.
According to the document, the attempted coup was plotted in 2022 to prevent President Lula's inauguration as President of the Republic after his November 2022 victory against Bolsonaro.
An indictment means, in practice, that the investigator in charge has concluded in their final report that someone is guilty because there are elements of authorship and materiality. It is a preliminary judgment of guilt and can be made by both the police and a Parliamentary Commission of Inquiry (I, in Portuguese). However, it does not directly convict the accused because it depends on a formal complaint by the Public Prosecutor's Office for the suspect to be converted into a defendant and tried by the Judiciary. It is up to the Prosecutor's Office to file a complaint or dismiss a case after an investigation.
In the case of Thursday's indictment, the Attorney General's Office, part of the Federal Public Prosecutor's Office, must analyze the complaint.
For lawyer Tânia Maria Saraiva de Oliveira, from the Brazilian Association of Jurists for Democracy, "it is appallingly serious that a former president of the Republic is involved in this."
Despite the seriousness of the facts investigated by the Federal Police, the lawyer explains that Bolsonaro should not be arrested now. "It's always a decision for the judiciary, but I don't think there's any reason for that," she says.
Oliveira explains that pre-trial detention is possible, which aims to prevent the defendant from interfering in the trial. However, for this to happen, there must be an objective reason, such as an attempt to escape.
A possible definitive arrest will only occur after the trial if Bolsonaro is found guilty. Altogether, the crimes of attempted coup d'état, attempted abolition of the democratic rule of law, and criminal organization can add up to 30 years in prison.
Bolsonaro has also been indicted in two other cases. The first involves manipulating official systems to insert fraudulent information into COVID-19 vaccination cards, falsely indicating that individuals had been vaccinated when supposedly they had not. This crime can result in 3 to 15 years in prison.
The second case involves the appropriation and sale, in the United States, of millionaire jewelry gifted by Saudi Arabia. He has been charged with criminal association, money laundering, and embezzlement. If convicted, he could face up to 17 years in prison.
Even if he is found guilty in the three cases in which he has been indicted so far—which could amount to 62 years of deprivation of liberty—the former president will not be able to spend more than 40 years in prison, the maximum time allowed in the country.
Brasil de Fato will follow up on the case with the latest updates.
