8/1: OAB was surprised by Moraes’ “no” for in-person trial

The negative response of the Minister of the Federal Supreme Court (STF) Alexandre Moraes to the request made by the Brazilian Bar Association (OAB), on the 19th, for the trial of the next defendants accused of the acts of January 8th to take place in person it generated strong indignation among the majority of the presidents of the OAB sections in the states.

By ignoring the Order’s request, Moraes kept the trial in the virtual Plenary – away from the spotlight and criticism. In this trial model, ministers simply cast their votes in the system, and lawyers send videos with arguments, but are unable to provide oral arguments for the defendants’ defense.

“We were really surprised by Minister Alexandre de Moraes’ decision. The reception of this news was not good, because the presidents of the sections believed that the minister would reconsider the decision and take the cases to face-to-face judgment”, he told People’s Gazette Fernando Ribeiro Lins president of the OAB section in Pernambuco.

As Lins explains, the OAB understands that the virtual format does not guarantee a legitimate trial, since the in-person format is the only opportunity that the citizen has, through their lawyer, to face their judge and speak out.

The first trial sessions of the defendants accused of participating in the depredations in Brasília on January 8th – which took place in person – were the target of intense criticism due to controversial statements made by ministers in their oral arguments and sentences considered disproportionate.

The sentence of 17 years in prison, plus a fine of R$44,000 and payment for collective moral damages of R$30 million (to be shared with other defendants who may be convicted), imposed by the STF against the first defendant is higher than the penalties established in the Brazilian legal system against the crimes of rape, drug trafficking and corruption.

The OAB’s new request to Moraes demanding a face-to-face hearing with the minister to discuss the topic was granted. The meeting will take place this Tuesday (26) at 3 pm at the Superior Electoral Court (TSE) and should be attended by the president of the OAB, Beto Simonetti, plus around 20 presidents.

“Beto has tried, in a calm manner, to meet these demands from the legal profession, respecting the STF, but not giving up the prerogatives of the legal profession. This is the main issue of having oral arguments before the judge, and not just sending a recorded video, which we know will probably not be watched by the ministers”, declares Lins.