The house arrests of eight of the 10 convicts in the coup plot ocurred in Brasília were upheld after a hearing held on Saturday (Dec. 27) by auxiliary judge Luciana Yuki Fugishita Sorrentino, from the office of Supreme Court Justice Alexandre de Moraes.

The hearings aimed to fulfill legal formalities, as the arrests had already been ordered by Moraes, the rapporteur for the coup plot cases at the Supreme Court. Among those who participated in the custody hearings were six Army officers, a senior official of the Federal Police, and Filipe Martins, a former international affairs adviser to former President Jair Bolsonaro.

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Carlos Cesar Moretzsohn Rocha, president of Instituto Voto Legal, was not located by the Federal Police and is considered a fugitive. The house arrest warrant against Army Lieutenant Colonel Guilherme Marques de Almeida was also not served. He traveled to Bahia but committed to returning to Goiânia to begin serving the measure.

Escapes

The house arrests were ordered by Moraes as a preventive measure against further escapes. On Friday (26), former Federal Highway Police director Silvinei Vasques was detained by local authorities after fleeing to Paraguay and attempting to board a flight to El Salvador with a false passport.

According to Moraes, there is a coordinated strategy among individuals convicted of coup-related offenses to leave the country. The justice pointed to multiple escape cases, including that of former Representative Alexandre Ramagem to the United States.

“The modus operandi of the criminal organization convicted by the Supreme Court indicates the possibility of planning and executing escapes outside the national territory, as carried out by the defendant Alexandre Ramagem, including with the help of third parties,” Justice Moraes stated.

Justice Alexandre de Moraes, of Brazil’s Supreme Court, said Tuesday (Dec. 23) that the meetings he had with the president of the country’s Central Bank, Gabriel Galípolo, were held solely to discuss the Magnitsky Act – which the US government applied against the justice.

Moraes’ statement was released one day after the newspaper O Globo published a report stating he had defended the approval of the purchase of Banco Master by Banco Regional de Brasília (BRB), a public financial institution linked to Brazil’s Federal District government, during talks with Galípolo.

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The meetings allegedly took place before the Central Bank’s decision last month to liquidate Banco Master due to suspected fraud. The investigation also led to the preventive detention of banker Daniel Vorcaro, one of the bank’s partners. Days later, Vorcaro was granted habeas corpus by federal court authorities and is now facing charges at liberty.

Before the liquidation ordered by the Central Bank, the Barci de Moraes law firm, which belongs to the Justice Moraes’s family, had provided services to Banco Master.

In a press release, Alexandre de Moraes stated that, in addition to Galípolo, he also met with representatives from banks Itaú, Bradesco, BTG, and Banco do Brasil, in addition to bank associations Febraban and the National Confederation of Financial Institutions to discuss the consequences of the Magnitsky Act.

“At all meetings, specific issues related to the serious consequences of the application of the aforementioned law were discussed – in particular the possibility of maintaining bank transactions, current accounts, credit cards, and debit cards,” it said in a statement.

The Central Bank has confirmed that the meetings addressed the effects of the law.

On December 12, the US government announced the withdrawal of economic sanctions under the Magnitsky Act, which had been imposed by the US government against Moraes, his wife, lawyer Viviane Barci de Moraes, and Lex (Institute for Legal Studies), a company linked to the justice’s family.

The sanctions were imposed by the administration of President Donald Trump, a supporter of former Brazilian President Bolsonaro, in retaliation against Moraes, who is rapporteur for the cases brought against Bolsonaro.

Brazil’s Supreme Court decided on Thursday (Dec. 18) to recognize the existence of structural racism in the country, further ordering the creation of a national plan to address this social problem.

The plan must be developed by the government within 12 months and contain goals, implementation stages, and efforts to monitor results.

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Under the court’s guidelines, the government must establish concrete measures to combat structural racism in health care, public security, food security, and the protection of life.

Reparatory measures for violations of the rights of black people should also be included in the plan.

In addition, the plan should implement a protocol for assisting black people in the judiciary and include the adoption of advertising campaigns to combat racism and prejudice against African-based religions.

The case

The Supreme Court ruled on the lawsuit in which the Black Coalition for Rights – an entity that brings together representatives of the black movement – and seven political parties sought recognition of the “unconstitutional state of affairs” in relation to structural racism in Brazil.

The lawsuits were filed with the Supreme Court in May 2022, under former President Jair Bolsonaro.

The hearing began last month, when a majority vote was formed in favor of adopting the plan.

During Thursday’s session (Dec. 18), Justices Gilmar Mendes and Edson Fachin, head of the court, cast the last two votes.

Justice Fachin cited the history of violations of the rights of black Brazilians.

“It is well known that the Brazilian state has implemented policies and practices that have resulted in deeper exclusion. The absence of reparatory policies in the post-abolition period and the whitening policies promoted by the Brazilian state have fueled a system of social hierarchy in which the black population still has its fundamental rights violated,” he declared.

Last month, Brazil’s Attorney-General’s Office announced it is committed to adopting the plan and will coordinate the government’s work to implement the measures.

The report prepared Wednesday (Dec. 17) by Federal Police experts confirms that former Brazilian President Jair Bolsonaro attempted to tamper with his electronic ankle tag while under house arrest. 

On November 22, Bolsonaro was arrested after confessing that he used a soldering iron to try to break the device.

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The experts confirmed there are signs of tampering with the device, which showed significant damage to its plastic cover.

“Tests carried out with a soldering iron on the surface of the material in question showed results consistent with the damage found. No additional tests were carried out with other types of tools,” the report says.

The experts also mention that the attempted breach lacked “technical precision.”

“It should be noted that the damage to the material in question shows signs of rough execution, suggesting that the tool was used without technical precision,” the professionals added.

The report was forwarded to Justice Alexandre de Moraes, rapporteur for the case in the Supreme Court.

Bolsonaro is imprisoned at the Federal Police headquarters in Brasília, where he is serving a sentence of 27 years and three months for his conviction in the criminal case involving a coup plot.

The Brazilian Supreme Court on Tuesday (Dec. 16) reached the milestone of 29 convictions in criminal proceedings in connection to the coup plot orchestrated during former President Jair Bolsonaro’s administration. Only two defendants were acquitted.

The court’s first panel concluded the trial of Nucleus 2, the second group of defendants, and decided to convict five more. From September to November this year, the panel convicted 24 individuals who belonged to Nuclei 1, 3, and 4.

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Nucleus 5 comprises Paulo Figueiredo, grandson of former dictator João Figueiredo. He lives in the US, and there is no date set for his trial.

Army General Estevam Theófilo, who was charged in Nucleus 3, and Fernando de Sousa Oliveira, a career Federal Police officer and former director of operations at the Ministry of Justice, charged in Nucleus 2, were the only ones acquitted, due to lack of evidence.

To date, only the defendants in Nucleus 1 – consisting of former President Jair Bolsonaro and seven other defendants – have had their convictions enforced. The other groups are still in the appeal phase.

Below is the list of convicted individuals:

Nucleus 1 – Date of conviction: September 11

• Jair Bolsonaro, former president of Brazil – 27 years and three months;
• Walter Braga Netto, former minister and running mate in the 2022 election – 26 years;
• Almir Garnier, former Navy commander – 24 years;
• Anderson Torres, former minister of justice and former secretary of security for the Federal District – 24 years;
• Augusto Heleno, former minister of the Institutional Security Office – 21 years;
• Paulo Sérgio Nogueira, former minister of defense – 19 years;
• Alexandre Ramagem, federal representative and former director of the Brazilian Intelligence Agency (ABIN) – 16 years, one month, and 15 days;
• Mauro Cid, former aide-de-camp to Bolsonaro – two years in prison under open regime and guaranteed freedom in exchange for plea bargaining.

Nucleus 2 – Date of conviction: December 16

• Mário Fernandes, retired Army general – 26 years and six months in prison;
• Silvinei Vasques, former director of the Federal Highway Police – 24 years and six months in prison;
• Marcelo Câmara, former advisor to Bolsonaro – 21 years in prison;
• Filipe Martins, former advisor on international affairs to former President Jair Bolsonaro – 21 years in prison;
• Marília de Alencar, former director of intelligence at the Ministry of Justice – eight years and six months in prison.

Nucleus 3 – Date of conviction: November 18

• Hélio Ferreira Lima, lieutenant colonel – 24 years in prison;
• Rafael Martins de Oliveira, lieutenant colonel – 21 years in prison;
• Rodrigo Bezerra de Azevedo, lieutenant colonel – 21 years in prison;
• Wladimir Matos Soares, federal police officer – 21 years in prison;
• Sérgio Ricardo Cavaliere de Medeiros, lieutenant colonel – 17 years in prison;
• Bernardo Romão Correa Netto, colonel – 17 years in prison;
• Fabrício Moreira de Bastos, colonel – 16 years in prison;
• Márcio Nunes de Resende Júnior, colonel – three years and five months in prison;
• Ronald Ferreira de Araújo Júnior, lieutenant colonel – one year and 11 months in prison.

Nucleus 4 – Date of conviction: October 21

• Ângelo Martins Denicoli, Army reserve major – 17 years in prison;
• Reginaldo Vieira de Abreu, Army colonel – 15 years and six months in prison;
• Marcelo Araújo Bormevet, federal police officer – 14 years and six months in prison;
• Giancarlo Gomes Rodrigues, Army sergeant major – 14 years in prison;
• Ailton Gonçalves Moraes Barros, Army reserve major – 13 years in prison;
• Guilherme Marques de Almeida, Army lieutenant colonel – 13 years and six months;
• Carlos Cesar Moretzsohn Rocha, president of the Voto Legal Institute – seven years and six months in prison.

Brazilian Supreme Court Justice Alexandre de Moraes decided Monday (Dec. 15) to request the US to extradite federal representative Alexandre Ramagem. The procedure is expected to be formalized by the Ministry of Justice and Public Security.

Former director of the Brazilian Intelligence Agency (ABIN) during the Bolsonaro administration, Ramagem was sentenced in the criminal coup plot case to 16 years in prison and is appealing while at liberty.

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In September, he fled the country to avoid serving his sentence and is now living in Miami, Florida.

In his decision, the minister ordered the Supreme Court’s judicial secretariat to send the Ministry of Justice the documents necessary to formalize the extradition.

During the investigation into the coup plot, Ramagem was prohibited by Justice Alexandre de Moraes from leaving the country and had to surrender all his passports.

After discovering his escape, the Brazilian lower house reported that it had not been informed of the congressman’s departure and had not authorized him to go on any official missions abroad.

The lower house also reported that the lawmaker had presented medical certificates covering the periods from September 9 to October 8 as well as from October 13 to December 12.

Impeachment

Due to the conviction, the Supreme Court ruled that the lower house must strip Ramagem of his seat. The board of directors of the house is expected to deliberate on the issue this week, the last before the parliamentary recess.

Brazil’s former President Jair Bolsonaro’s defense team has asked Supreme Court Justice Alexandre de Moraes to allow him to leave prison to undergo surgery as recommended by his doctors. The request was submitted Tuesday (Dec. 9).

Bolsonaro is being held in a room at the Federal Police headquarters in Brasília, where he is serving a sentence of 27 years and three months for his conviction in the criminal case involving a coup plot.

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His lawyers claim his health has deteriorated and are requesting that he be taken immediately to the DF Star Hospital in Brasília. His hospitalization should last five to seven days, they say.

“As stated by the doctor treating the petitioner, the former president needs surgery both to treat his hiccups – which are a side effect of previous surgeries – and because his unilateral inguinal hernia has worsened and also requires surgical intervention,” the petition reads.

They also asked Justice Moraes again to place Bolsonaro under house arrest. According to the defense, the prison environment is incompatible with the former president’s health condition.

There is no deadline for Justice Alexandre de Moraes to decide on the matter.