Brazilian court indicts 10 more in coup attempt case
The first of Brazil’s Supreme Court unanimously decided on Tuesday (May 20) to indict ten more individuals for their involvement in nucleus 3 of the coup plot during the istration of former president Jair Bolsonaro.
Due to lack of evidence, the rejected two complaints filed by the Attorney General’s Office related to the coup attempt. The charges targeted Lieutenant Colonel Cleverson Ney Magalhães and General Nilton Diniz Rodrigues.
With the decision, 31 of the 34 individuals indicted by the Prosecutor’s Office have become defendants and will face charges of belonging to an armed criminal organization, attempted violent abolition of the democratic rule of law, attempted coup d’état, damage qualified by violence, and serious threat and deterioration of protected heritage.
In March, former president Jair Bolsonaro and seven others became the first individuals indicted as part of nucleus 1 of the investigation.
In addition to this group, nuclei 2, 3, and 4 have already been tried. The trial for nucleus 5 is still pending. This group includes businessman Paulo Figueiredo, grandson of João Figueiredo, the last president during the military dictatorship. He currently resides in the United States, has not presented a defense, and may be tried in absentia.
Nucleus 3
During the trial of Nucleus 3, the justices of the first unanimously accepted the prosecution’s complaint against nine Army and a Federal Police officer. The found there was sufficient evidence indicating that the accused had planned actions to carry out Bolsonaro’s coup attempt.
Some of the military personnel belonged to the Army’s special forces unit known as the Black Kids. The following individuals from Nucleus 3 were subsequently charged:
Bernardo Romão Correa Netto (colonel);
Estevam Theophilo (general);
Fabrício Moreira de Bastos (colonel);
Hélio Ferreira (lieutenant colonel);
Márcio Nunes de Resende Júnior (colonel);
Rafael Martins de Oliveira (lieutenant colonel);
Rodrigo Bezerra de Azevedo (lieutenant colonel);
Ronald Ferreira de Araújo Júnior (lieutenant colonel);
Sérgio Ricardo Cavaliere de Medeiros (lieutenant colonel);
Wladimir Matos Soares (federal police officer).
Rapporteur
The unanimous verdict was reached with the votes of the rapporteur, Alexandre de Moraes, along with Justices Flávio Dino, Luiz Fux, Cármen Lúcia, and Cristiano Zanin.
According to Justice Moraes, the prosecution presented evidence demonstrating that the defendants mobilized to carry out actions ing the coup attempt.
The justice cited meetings among of the Black Kids special forces unit to pressure Armed Forces commanders to the coup plot.
“They were not merely friendly gatherings, as the defense has claimed—casual conversations or small talk. In reality, they were meetings aimed at overthrowing democracy,” he said.
Moraes also referenced a meeting at the end of 2022 between General Estevam Theophilo, the Army’s chief of ground operations and one of the defendants, and then-President Bolsonaro—held two days after Army Commander General Freire Gomes refused to the coup attempt.
According to the minister, it is unusual for a president to meet directly with senior Armed Forces officers. Moraes stated that Bolsonaro sought to co-opt the general in an effort to secure for the coup.
“It is the Army commander who meets with the president—the head of the force,” he concluded.
During the trial, the defense teams denied the allegations and argued that the prosecution had failed to present any evidence.
Next steps
Once the indictment is accepted, criminal proceedings will begin in the Court, initiating the evidentiary phase, during which defense attorneys may present witnesses and request the production of additional evidence to their arguments.
The defendants will also be questioned at the end of this phase. The proceedings will be overseen by the office of Justice Alexandre de Moraes.
After the questioning phase, the trial will be scheduled, and the justices will determine whether the former president and the other defendants will be sentenced to prison or acquitted. No trial date has been set.
