Fux votes to fully acquit Ramagem. The trial resumes this Thursday at 14 PM.
The congressman is accused of using ABIN (Brazilian Intelligence Agency) for illegal espionage.
Felipe Pontes and Paula Laboissière – reporters for Agência Brasil
Minister Luiz Fux, of the Supreme Federal Court (STF), voted this Wednesday (10) for the total suspension of the criminal action on the coup plot in relation to federal deputy Alexandre Ramagem (PL-RJ), granting a request from the parliamentarian's defense.
Ramagem has already had part of the criminal proceedings against him suspended by a decision of the Chamber of Deputies. The constitutional protection afforded to parliamentarians for acts committed during their term of office was applied to the case.
In March, the Supreme Court's First Panel ratified the Chamber's decision, establishing the suspension of proceedings in relation to two crimes, out of the five alleged by the Attorney General's Office (PGR), which were supposedly committed after his swearing-in as a congressman.
At the time, Fux voted for a partial suspension, but now he has changed his mind, voting for the "total suspension" of the proceedings in relation to Ramagem.
The minister explained the change as being due to a deeper understanding of the crime of organized crime.
“In the case of the criminal organization, we are dealing with a single crime that has been prolonged over time. The crime of criminal organization is a single one. Whether before or after the defendant, Alexandre Ramagem. For this reason, I vote to extend the effects of this Panel's decision to suspend the criminal proceedings in relation to this defendant,” said Fux.
Ramagem was accused by the Attorney General's Office of having instrumentalized the Brazilian Intelligence Agency (Abin), an agency he headed during Bolsonaro's presidency. According to the accusation, he allegedly monitored the former president's political opponents and also acted to support the narrative of election fraud.
Judgment
The minister is the third to vote in the case, and the first to dissent on preliminary issues raised by the defense that could invalidate the proceedings.
On Tuesday (8), ministers Alexandre de Moraes, rapporteur of the criminal action, and minister Flávio Dino rejected all preliminary issues and voted for the conviction of all eight defendants for the five crimes imputed by the Attorney General's Office (PGR).
On Wednesday, the Supreme Court's First Panel resumed the trial, which began on September 2, that could convict Bolsonaro and seven other allies for a coup plot allegedly aimed at reversing the results of the 2022 elections.
The group is a crucial part of the complaint filed by the Attorney General's Office and is made up of the main ringleaders of the conspiracy.
The trial began last week, when arguments were heard from the defense attorneys for the former president and the other defendants, in addition to the statement from the Attorney General of the Republic, Paulo Gonet, who was in favor of convicting all the defendants.
The analysis is scheduled to last until Friday (12). Minister Cármen Lúcia and Minister Cristiano Zanin, president of the First Panel and responsible for conducting the proceedings, are still to vote.
Who are the defendants?
Jair Bolsonaro – former President of the Republic;
Alexandre Ramagem - former director of the Brazilian Intelligence Agency (Abin);
Almir Garnier - former commander of the Navy;
Anderson Torres - former Minister of Justice and former Secretary of Security of the Federal District;
Augusto Heleno - former Minister of the Institutional Security Cabinet (GSI);
Paulo Sérgio Nogueira - former Minister of Defense;
Walter Braga Netto - former Minister of Defense and Bolsonaro's running mate in the 2022 election;
Mauro Cid – Bolsonaro’s former aide-de-camp.
Crimes
All defendants are charged with the crimes of armed criminal organization, attempted violent abolition of the Democratic Rule of Law, coup d'état, aggravated damage through violence and serious threat, and deterioration of listed heritage.
The exception is the case of former ABIN director Alexandre Ramagem, who is currently a federal deputy. He benefited from the suspension of some of the charges and is only facing charges for three of the five crimes. This rule is stipulated in the Constitution.
The suspension applies to crimes of aggravated damage through violence and serious threat, against the assets of the Union, with considerable harm to the victim and deterioration of listed property, related to the coup attempts of January 8th.
