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Bolsonaro Skips Final STF Appeal, Clearing Way for Moraes to Order Execution of Sentences

Embargos infringentes appear unlikely under the court’s rule that they require at least two dissenting votes.

Overview

  • With the deadline for second embargos de declaração expired, Bolsonaro, Alexandre Ramagem and Anderson Torres filed none, while Paulo Sérgio Nogueira, Augusto Heleno and Walter Braga Netto lodged new petitions and Almir Garnier pursued infringentes.
  • Relator Alexandre de Moraes can now certify trânsito em julgado and execute the prison terms, potentially treating new filings as dilatory under STF practice.
  • The Primeira Turma unanimously upheld Bolsonaro’s preventive detention at the Federal Police headquarters in Brasília after he damaged his ankle monitor, rejecting the defense’s claim of confusion from medication.
  • Defense strategies varied: Paulo Sérgio sought acquittal or a lower 19-year term, Braga Netto filed embargos de declaração and infringentes alleging calculation errors, incompetence and curtailed defense, and Heleno asked for absolution while criticizing the relator’s conduct.
  • Torres asked to serve any sentence at the PF in Brasília or in the DF Military Police aviation battalion citing threats and medical treatment, and reports note Ramagem left Brazil for the United States.