2nd semester: STF will hold trial of Bolsonaro, Marielle case and pejotization

The STF (Supreme Federal Court) resumed work last Friday (1st), after the July recess, with a full agenda for the second half of the year, such as the change in the presidency of the Court and the trial of former president Jair Bolsonaro (PL) for attempted coup d'état .

The outcome of the Marielle Franco case , the renegotiation of leniency agreements reached with Lava Jato companies and discussions on the " pejotização " of workers are also on the agenda until the end of this year.

Bolsonaro and six other defendants in core 1 of the coup plot lawsuit are expected to deliver their final arguments in mid-August .

The document is a kind of dossier in which lawyers take stock of the case and argue for the acquittal of their clients.

This is the final stage of the coup trial. After the final arguments are submitted, rapporteur Alexandre de Moraes is expected to ask the president of the First Chamber, Cristiano Zanin, to schedule the case for trial.

At the opening of the Judiciary's proceedings, Moraes confirmed that the four groups should be tried this year. The First Chamber of the Supreme Federal Court (STF) is expected to try Bolsonaro and the other defendants in September . In its final statement, the Attorney General's Office (PGR) requested the conviction of all members of group 1 .

If convicted, Bolsonaro could face more than 40 years in prison, but he will not be arrested immediately, as an appeal is still possible .

The former president will only begin serving his sentence when there is no longer any possibility of appeal, that is, when the case becomes final.

Change in the Presidency of the STF

Justice Luís Roberto Barroso will step down as President of the Court at the end of September. The current Vice President, Justice Edson Fachin, will take over. He will be replaced by Justice Alexandre de Moraes.

The term of office of the president of the Court is two years and rotates. Voting for the presidency is secret, but symbolic, as all justices vote for the same person.

The Chief Justice of the Supreme Federal Court (STF) plays a central role in the structure of the Brazilian Judiciary. His or her main responsibilities include institutional representation and the responsibility for organizing the Court's operations.

The president is responsible for conducting internal work, presiding over plenary sessions and coordinating trials involving the participation of all ministers.

Furthermore, the president of the Supreme Court also assumes the presidency of the CNJ (National Council of Justice), a body responsible for control, transparency and improvement of the justice system.

The vice president provides administrative assistance and replaces the president in case of absence or impediment, including to conduct sessions and decide urgent administrative matters.

Zambelli and illegal possession of a weapon

The Supreme Federal Court (STF) will resume on August 15th the virtual trial that could result in the second conviction of Congresswoman Carla Zambelli (PL-SP) , this time for illegal possession of a weapon and causing harassment while using a weapon. She was previously sentenced to ten years for hacking into the CNJ system and is currently imprisoned in Italy, awaiting a decision on her extradition.

In the second case against her, six justices voted to sentence her to five years and three months in semi-open prison. In other words, there is now a majority in favor of conviction. The trial had been suspended since March at Nunes Marques' request for further review.

Marielle Case

In another criminal case, the Supreme Court is expected to schedule for trial those involved in the murders of Rio de Janeiro councilwoman Marielle Franco and driver Anderson Gomes. The crime occurred in 2018 and marked the seventh anniversary of this March.

In 2019, former police officers Ronnie Lessa and Élcio Queiroz were arrested for firing the shots that killed Marielle and Anderson. They confessed to the crime and were sentenced to 78 years and 9 months in prison and 59 years and 8 months, respectively.

At the Supreme Federal Court, the perpetrators of the crime are expected to be tried in the second half of the year. In May of this year, the Attorney General's Office requested the conviction of brothers Domingos Brazão, a former member of the Rio de Janeiro Court of Auditors (TCE-RJ), and Chiquinho Brazão, a former federal deputy .

The Prosecutor's Office also requested the conviction of former Rio de Janeiro Civil Police chief Rivaldo Barbosa, Military Police Major Ronald Alves de Paula and former military police officer Robson Calixto, Domingos's advisor.

The defendants have already presented their closing arguments. Now, Cristiano Zanin needs to set a trial date.

Former leadership of the PM-DF

The First Panel of the STF will judge, between August 8 and 18, in a virtual plenary session, former members of the top brass of the Federal District Military Police for alleged omission during the acts of January 8, 2023 .

The Attorney General's Office accuses them of omission combined with crimes such as a coup d'état, abolition of the democratic rule of law, and aggravated damage. The case, reported by Justice Alexandre de Moraes, is considered indicative of what may happen in the trials of Bolsonaro, Mauro Cid, and other defendants in the same criminal case.

Lava Jato Leniency

The STF will begin on August 8, in its virtual plenary session, the trial of the new terms of the leniency agreements signed by companies investigated in Lava Jato, with a deadline until the 18th for votes.

Under the reporting of Minister André Mendonça, the case was questioned in 2023 by parties alleging excessive involvement by the MPF in negotiations and harm to companies due to legal instability.

The companies involved in the renegotiation are Andrade Gutierrez, Braskem, Camargo Corrêa, Metha (formerly OAS), Nova Engevix, Novonor (formerly Odebrecht), and UTC Engenharia. Under the new terms, they will be able to receive a reduction of up to 50% on the amounts due under the original agreements, thanks to changes in the correction index (from Selic to IPCA) and the use of credits generated by the companies' tax losses.

In May, the Attorney General's Office came out in favor of the renegotiation .

Individual applications

The STF will judge, starting on August 15, in a virtual plenary session, the possibility of candidacies without party affiliation , with a seven-day deadline for the ministers to vote.

The lawsuit, which has been pending for eight years, was filed by a lawyer whose candidacy for Rio de Janeiro mayor was denied in 2016 because he wasn't affiliated with a political party. The proposal is considered controversial among the justices. If approved, it could come into effect as early as 2026, although TSE technicians point to technical difficulties in implementing the change.

Pejotization

Justice Gilmar Mendes scheduled a public hearing at the Supreme Federal Court (STF) on the " pejotização " (recognition of the individual) of the workforce for September 10th, with the aim of gathering data and technical arguments to support future decisions. The case, however, has no court date.

As the rapporteur for the case questioning the legality of PJ contracts, he suspended all proceedings on the matter in April until the final judgment.

According to Gilmar, the excessive judicialization of the issue has overloaded the STF.