PGR defends that STF rejects request to review Jair Bolsonaro's conviction
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The Attorney General's Office (PGR) defended this Tuesday that the Federal Supreme Court (STF) reject the request to review the conviction of former president Jair Bolsonaro (PL) in the case of the coup plot.
The Attorney General's Office (PGR) defended this Tuesday that the Federal Supreme Court (STF) reject the request to review the conviction of former president Jair Bolsonaro (PL) in the case of the coup plot.
Minister Nunes Marques, rapporteur of the request at the STF, had given a period of 20 days for the PGR to comment on Jair Bolsonaro's defense request.
"The theses raised by the author at the beginning of the present revisional action did not bring any novelty to legitimize the deconstruction of the definitive jurisdictional pronouncement, either due to contradiction with the express text of the criminal law or the evidence in the case, or because it was based on testimonies, examinations or documents proven to be false or, even, due to the discovery of new evidence of the innocence of the convicted person or circumstances that determine or authorize a special reduction of the sentence. There is no relevant reason to relativize the intangibility of the res judicata formed", said the PGR.
On May 8, Jair Bolsonaro's lawyers asked the STF for a review with the aim of annulling the sentence of 27 years and 3 months in prison for the attempted coup.
🔎 Criminal review is an instrument through which a convicted person who has already had a sentence considered final – therefore, no longer has a chance of appeals – can request a reevaluation of their case.
Nunes Marques is the rapporteur of the criminal review request. By forwarding the case for analysis by the PGR and stipulating a period of 20 days, instead of the 10 provided for as a rule in the Code of Criminal Procedure, the magistrate classified the former president's situation as complex.
"Given the complexity of the case, which involves the trial of the former President of the Republic, I believe it is necessary to extend the period set for the Federal Public Ministry's statement. The case should be seen by the Attorney General of the Republic, to present an opinion, within 20 (twenty) days", stated Marques.
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Bolsonaro's lawyers ask that, with the criminal review, the Supreme Court:
annul the process, recognizing the original competence of the Plenary to judge the criminal action;
annul the award-winning collaboration of co-defendant Mauro César Barbosa Cid, also recognizing the nullity of all evidence arising therefrom;
annul the process due to a manifest restriction of defense;
absolve the former president of all the crimes charged.
The former president's defense states in the request that it seeks "correction of judicial error" and challenges the First Panel of the STF's jurisdiction to judge the former president.
"It violated the internal natural judge of the Supreme Court itself and established a defect of absolute organic incompetence capable of contaminating all subsequent decision-making acts", says the document.
Minister has maintained convictions
Rapporteur of the request to annul the conviction of former president Jair Bolsonaro, minister Nunes Marques has followed the majority of the Federal Supreme Court in rejecting criminal reviews of those convicted of the coup acts of January 8, 2023.
The Supreme Court received 18 requests for criminal review from those convicted of the attacks and destruction of the headquarters of the Three Powers – including Bolsonaro. So far, five cases have been analyzed by the STF's virtual plenary session, three of which have been rejected and two already have a majority to be rejected.
In these cases, Minister Nunes Marques followed the majority of ministers against requests to overturn the punishments.
Only ministers Luiz Fux and André Mendonça disagreed and voted to review convictions for serious crimes, such as a coup and attempted violent abolition of the democratic rule of law, punishing the crime of deteriorating listed heritage.
What is criminal review
The objective of criminal review is to annul a definitive conviction when there is proof of a miscarriage of justice. Therefore, it is an exceptional measure, only permitted in specific situations.
The request can only be presented after the process has ended, when there are no more chances for appeals. In Bolsonaro's case, this occurred in November last year. Currently, Jair Bolsonaro is temporarily serving his sentence at home. Minister Alexandre de Moraes authorized the arrest at the former president's home for humanitarian reasons, given Bolsonaro's health condition.
Previously, the former president was detained in Papudinha, as the 19th Battalion of the Military Police of the Federal District (PMDF) is called, which is located within the Papuda Penitentiary Complex in Brasília.
The former president of the Republic, Jair Messias Bolsonaro (PL), made an appearance lasting around 20 minutes in the backyard of the house where he was under house arrest on September 9, 2025
Wilton Junior/Estadão Conteúdo
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