8/1 inmates can be transferred to criminal cells

Prisoners from January 8 who have already been tried by the Federal Supreme Court (STF) and are appealing the decision can be transferred to cells with those convicted of serious crimes such as murder. “And our concern is with their physical, moral and psychological integrity because, from the beginning, they feel intimidated and threatened by the prison population”, says lawyer Gabriela Ritter, president of the Association of Families of the Victims of January 8th (ASFAV) .

According to her, this concern increased after the Secretary of State for Penitentiary Administration (SEAPE/DF), Wenderson Souza, sent a document to Minister Alexandre de Moraes, on December 21, asking if he could transfer eight of the 17 prisoners from 8/1 who are in the Papuda Provisional Detention Center (CDP).

In the request, Seape informs that these inmates have convictions with sentencing in a closed regime, which, for the secretariat, “induces the allocation in a different prison establishment”, since “the Detention Center (CDPII) is intended for custody of provisional prisoners”. Moraes requested a statement from the Attorney General’s Office (PGR) regarding the question.

Experts report that transfers are illegal

According to lawyer Acacio Miranda, PhD in Constitutional Law, the Criminal Execution Law establishes that the provisional prisoner — who still has a deadline to appeal the sentence — is kept in different establishments from the permanent prisoner.

In this way, prisoners from 8/1 “should be kept in separate establishments or cells, as has been the case, since they are in Papuda in a space dedicated to them”, explains the specialist, commenting that these declaration embargoes and infringements were created during the Mensalão and became ‘resources’ in the STF to be analyzed by the same judges who had previously voted. In other words, “they will hardly change the outcome of the trials.”

Furthermore, the president of Asfav, Gabriela Ritter, informs that Article 84 of the Criminal Execution Law also guarantees the safety of prisoners who have “physical, moral or psychological integrity threatened by coexistence with others”, and that this is the case of those involved in January 8th. “They are at risk of being killed or suffering irreversible physical and psychological damage”, she warns, informing that she sent a letter to Seape and the STF to ask that laws and procedural standards be respected.

In the request, the association informs that placing the January 8 prisoners with the prison population, knowing the risks this brings, shows “disrespect for the basic principles of human dignity”. According to the document, this “violates their human rights, in addition to being unconstitutional and illegal”.

An inmate from 8/1 has already been transferred to the prison mass

“In fact, we have a 24-year-old prisoner who has already been transferred to cells with criminals and is being called ‘Bolsonaro’ there because it is public knowledge that the majority of the prison population has a political side”, reports Gabriela, citing the case Matheus Lima de Carvalho Lazaro, from Paraná, a first-time defendant judged based on multitudinous crimes, without individualization of conduct.

“There is no evidence in your case regarding the commission of crimes on January 8th, so nothing justifies precautionary segregation for so long, especially with real criminals”, adds the lawyer.

According to her, Matheus is sharing a cell with two individuals convicted of serious crimes, such as murder. Furthermore, the boy’s firstborn son was born while he was in prison, and is growing up without his father’s presence. The baby is already five months old.

Prisoners who can be transferred

Among the other prisoners who could be transferred to cells with criminals is farmer Jorginho Cardoso de Azevedo, 63 years old. Born in São Miguel do Iguaçu, in Paraná, the elderly man arrived in Brasília in the late afternoon of January 8, after the buildings were vandalized, and did not camp in front of the Army Headquarters.

According to his lawyer Shanisys Martins, he was convicted of the multitudinous crimes mentioned in the records of all 8/1 prisoners and for allegedly “financing the acts”, since the bus he traveled on was rented in his name.

“People shared the expenses, and he passed them on to the bus company”, explains the lawyer, mentioning that the elderly man has been in prison for almost a year, has serious health problems — including eight metal pins in his spine — and has developed depression. severe and panic attacks since he was arrested.

Currently, Jorginho is in a common wing of the penitentiary with other prisoners for involvement in the 8/1 actions. “But if he is transferred, he will go to the criminal wing, common prisoners”, informs another member of the defense team, lawyer Gislaine Alves Yamashita.

In addition to farmer Jorginho, maintenance officer Thiago de Assis Mathar, from São José do Rio Preto, was also sentenced to 14 years for the acts of 8/1. The reports of the accusations against him show that he was recognized in images of the Palácio do Planalto, walking there. “He was carrying a backpack, a Brazilian flag tied around his neck and another Brazilian flag in his hand,” says the report.

According to his mother Lucy Dalva de Assis Mathar, her son is 43 years old, married and father of two children: a four-year-old girl and a seven-year-old boy who thought his father had died due to time away from home.

“They need their father, who is a correct person and was unjustly convicted because he didn’t destroy anything, he was just walking there,” she told Gazeta do Povo, worried about his physical integrity. “My son has already lost 20kg.”

The report contacted Seape and also the Ministry of Human Rights and Citizenship (MDHC), but did not receive a response until the closing of this report. The space remains open for responses.