Arrested, Anderson Torres lives indefinition with case in the hands of Moraes

This Monday (24), the former Minister of Justice in the Bolsonaro government and former Secretary of Public Security of the Federal District, Anderson Torres, completed 100 days in prison by order of the Minister of the Federal Supreme Court (STF) Alexandre de Moraes, in an investigation that investigates alleged “improper omission” by State authorities.

Torres was arrested on January 14th for alleged failure to carry out his duties in the face of the attacks on the buildings of the Three Powers on January 8th, as well as for possible inaction regarding the demobilization of the camp set up in front of the Army Headquarters , located in Brasilia, where demonstrators were gathered who asked for the intervention of the Armed Forces against the election of Lula (PT).

At the time of the attacks, the former minister held the position of secretary of public security for the Federal District and was on vacation, traveling with his family in the United States. In addition to him, other authorities were the target of legal measures determined by Moraes: the then Commander General of the Military Police of the Federal District (PM-DF), Fabio Vieira, was also arrested for alleged omission, but was released in early February under the understanding that he was not directly responsible for the failure of security actions that resulted in the criminal acts.

The governor of the Federal District, Ibaneis Rocha, who was also removed from office for 90 days by order of Moraes, also for alleged omission, had his removal revoked on March 15. Hundreds of others investigated for the attacks have also already been released and respond freely. The same did not happen with Anderson Torres.

In recent days, pressure for his release has increased as a result of Moraes’ decision not to determine any more incisive measures against the former minister of Lula’s Institutional Security Office (GSI), who appeared in new images leaked to the press circulating among demonstrators. who invaded the Planalto Palace on January 8 without taking incisive measures to prevent acts of violence.

The double standard in the decisions of the STF minister has generated a series of criticisms by allies of Jair Bolsonaro (PL), who believe that the extension of the prison is related to the fact that Torres is an ally and former minister of Bolsonaro, who collects episodes of disagreements with Moraes.

Even with the endorsement of the PGR, Moraes denies revocation of the prison

On April 10, the defense had already requested the release or replacement of the arrest by other precautionary measures on the grounds that there is no proof of the existence of a crime and evidence of authorship, not even a danger generated by the state of freedom of the former minister.

The defense argues that there was no omission, since before leaving on vacation, Torres left a plan of operations and procedures to be followed by the security agencies of the DF, which included the protection of the entire area close to Praça dos Três Poderes. “It was, therefore, up to the responsible bodies to comply with or execute the guidelines drawn up in each event”, highlights the defense.

Days later, the Federal Public Prosecutor’s Office (MPF), through Deputy Attorney General Carlos Frederico Santos, was in favor of revoking the arrest. Despite this, Moraes denied the request and decided to keep Torres in custody.

The STF minister maintains that the maintenance of the arrest has to do with “evidence of the applicant’s participation in the preparation of an alleged ‘coup draft’ and in a ‘coup operation’ by the Federal Highway Police (PRF) to try to subvert legitimate popular participation in the 2nd Round of the 2022 presidential elections”.

The Federal Police are investigating whether, when Torres was minister, PF and PRF personnel were used to hinder votes for voters in the northeast region, Lula’s stronghold, on polling day, since there were more orders to stop and search buses with voters in that region. The justification given by Torres for the deliberations was the need for corporations to curb electoral crimes, such as buying votes.

This Wednesday (26), Anderson Torres’ defense filed a new request for his release due to the former minister’s state of health, now alleging a risk of suicide (read more below).

Treatment given by Moraes to Lula’s ex-minister caught talking to invaders motivates criticism of the minister

Appointed by Lula, the former GSI minister was the PT’s trusted man and had already headed the president’s security in the two previous terms. Under the management of Dilma Rousseff (PT) in the presidency, Gonçalves Dias commanded the GSI. The revelation of the new images led to the dismissal of the general and created a crisis in the government due to alleged leniency by Lula’s allies towards acts of vandalism. However, in a decision quite different from the previous ones, Moraes only ordered that the general be heard by the Federal Police.

The way in which the Supreme Minister handled the case is strange, since Moraes based the arrest order on the other authorities on alleged “omission and connivance” even though Torres was not at the scene and the commander-general of the PM-DF had acted forcefully to stop the acts, including being injured by protesters. Gonçalves Dias, who was present at the scene at the time of the attacks, showed little combativeness in view of the seriousness of the events, in addition to maintaining dialogues with the criminals who, at least in the initial analysis of the images, appear to be quite cordial.

With a wife with cancer and without seeing underage daughters for months, Torres has a sensitive emotional state

This Monday (24), Torres would be heard by the PF in a statement about the police operations carried out on the roads in the second round of the 2022 elections. minister. According to the letter signed by the lawyer Eumar Novacki and forwarded to the People’s GazetteTorres was seen by a psychiatrist from the Health Department of the Federal District on Saturday (22), who attested to the impossibility of “attending any hearing at the moment for medical reasons (medication adjustment) for a week”.

The state of health would have worsened after the refusal by Alexandre de Moraes to the request for revocation of preventive detention, last Thursday (20). “It turns out that, after becoming aware of the denial of the request for the revocation of his preventive detention, the applicant’s emotional and cognitive state, which was already perilous, suffered a drastic worsening”, say the lawyers.

Anderson Torres is the father of three underage daughters – aged 9, 11 and 13 – whom he has not seen since he was arrested. “After the applicant’s precautionary custody was decreed, his daughters, unfortunately, began to receive psychological counseling, with the prejudice of regularly attending school”, continues the defense.

The fact that his wife has cancer is another aggravating factor. According to his lawyers, the former minister has suffered psychological problems since he was arrested. “He entered a state of deep sadness, cries constantly, barely eats and has already lost 12 kilos”, says the defense.

There is clear evidence of legal and political persecution of Anderson Torres, says jurist

For Constitutional Law specialist Aécio Flávio Palmeira Fernandes, there are irregularities and disproportionality in the way Minister Alexandre de Moraes has conducted his decisions in relation to Torres. As he explains, the Constitution establishes the principle of the presumption of innocence, and the Code of Criminal Procedure (CPP) is exhaustive in listing the hypotheses in which preventive detention is appropriate, and none of them apply in the case of the former minister.

“Preventive detention is irregular when it does not serve the purposes of article 312 of the CPP, which indicates the institute when necessary and indispensable to guarantee public order, economic order, for convenience of criminal instruction, or to ensure the application of the law. criminal law when there is proof of the existence of the crime and sufficient evidence of authorship and danger generated by the state of freedom of the accused”.

For Fernandes, there is evidence of persecution of a political nature in the legal situation of Torres, in the same way that occurred with other people who were arrested in the camp set up in Brasília the day after the attacks, even without proof of participation in the acts. “People were arrested without even being present at the invasion. It is a clear and open juridical-political persecution, where the law is a mere detail that may or may not be a legal parameter – as long as the offender has a contrary political bias”, he says.