Bolsonaro’s former advisor is arrested for a trip that didn’t happen

Arrested by the Federal Police (PF) during Operation Tempus Veritatis on the grounds that he had left the country on an official plane without going through migration controls, Jair Bolsonaro’s former advisor, Filipe Martins, handed over to the authorities documents proving his stay in Brazil. The defense also pointed out that his freedom does not put investigations or public order at risk, but Minister Alexandre de Moraes, of the Federal Supreme Court (STF), has not yet revoked the arrest.

The first request for freedom was requested by lawyers on February 9 during Filipe’s custody hearing, and was denied by Moraes five days later. The defense filed a new request on February 19, and is awaiting the minister’s position.

Jurists interviewed by Gazeta do Povo state that the arrest can be considered illegal. “If the defense demonstrates that the data that supported the decision are wrong, it is necessary to review the arrest”, points out Maurício Zanoide de Moraes, professor of Criminal Procedure at USP and author of several books on Criminal Law.

Like him, the doctor in Criminal Procedural Law, Gustavo Henrique Badaró, states that premises used for preventive detention need to be proven to keep the individual in prison. “If it is shown that this premise is false and there is no other basis, the normal thing is that the judge ends up revoking the arrest, which was wrongly ordered.”

However, until this Thursday (29), the former advisor for international affairs to the Presidency in the government of Jair Bolsonaro (PL) remains in a cell at the Penal Medical Complex (CMA), in Pinhais, Paraná. At the prison unit — which became known for receiving Lava Jato inmates — Filipe cannot receive visitors for 30 days and has reported difficulties in relation to the water and food available.

“It seems to be a form of coercion to make him feel abandoned and defenseless”, warns lawyer Ricardo Scheiffer, pointing out that his client has already gone without eating due to the dubious quality of the food he received. “And he said that it is impossible to drink the water there, something he needs in large quantities because he suffers from kidney problems”, he adds.

Scheiffer also reports that the former advisor was prohibited from receiving clothing and hygiene items for around 10 days, could not be visited by family members for a month, and that the defense fears for his safety. “He is alone in the cell, but he has contact at various times with condemned prisoners, and reports having already been provoked”, he points out.

In a note sent to Gazeta do Povo, the Paraná Penitentiary Department (Depen-PR) clarifies that people deprived of liberty go through a 30-day screening period to be evaluated, while families submit the documentation required for visits within that period. “Regarding the sending of materials, it is permitted to receive clothing and hygiene items, according to a list pre-established by the penal unit.”

The department also explains that the water offered “is drinkable and from common supply”, and that the food is prepared “by an outsourced company, with a menu developed by a nutritionist and duly inspected daily by a technical food committee”.

What does Alexandre de Moraes’ decision say about prison?

The former advisor was arrested on February 8 at his family’s residence in the city of Ponta Grossa, Paraná, in the PF operation that targeted former president Jair Bolsonaro and his allies. The action investigates their alleged connection to the acts of January 8, 2023 and a possible coup attempt. In total, four people had preventive detention ordered: the former advisor and three military personnel.

In the case of Martins, the reason behind the arrest was the fact that his name was on the list of passengers who traveled aboard the presidential plane with Bolsonaro on December 30, 2022 heading to Orlando, in the United States, without formal records of his departure. or entry into Brazilian immigration control.

This list, according to the Federal Police (PF) Representation, could indicate that the former advisor had fled the country “to avoid possible criminal liability”, as his location would be “uncertain”. The Attorney General’s Office agreed with the argument, and Minister Alexandre de Moraes ordered the arrest of the person being investigated.

However, the defense handed the PF on February 19 a series of documents that contradict the claim of alleged escape. “We showed the airline tickets from Brasília to Curitiba in his and his wife’s name, dated December 31, 2022, as well as proof of the luggage they checked in, and the confirmation message from the airline”, informs lawyer Ricardo Scheiffer. Photos of the couple with friends in the Ponta Grossa region were also sent.

According to him, Filipe and his wife moved to Paraná and stayed with family members. “In fact, the PF arrested him at that address, so his location was not ‘uncertain’, as described in the decision to arrest him”, adds the lawyer, mentioning that images from cameras at both airports can confirm this trip, as well as the displacement of the couple’s cell phones.

Filipe Martins’ defense has not yet had access to all the investigation documents

Scheiffer informs that this data has already been requested by the defense, as well as other parts of the investigation. “But, in addition to having to look for the files in person in Brasília, they only give us part of the material, without the supposed evidence”, says the lawyer from Ponta Grossa, Paraná, who did not even receive the guest list for the aforementioned trip in the decision.

Therefore, he explains that he does not know exactly what he should base his defense on, as he does not have access to the entire complaint. “What we know is that we are facing an error. Filipe’s name could have been on the list of the president’s guests for the trip because he was an advisor on international affairs, but he said he wouldn’t go, that he was going to his father-in-law’s house, and he didn’t board,” he highlights, even pointing to a diplomatic crisis. which could be triggered by the PF’s statement. After all, “they are saying that the country’s control system is flawed, negligent or complicit”, he points out.

Gazeta do Povo contacted the Brazilian Air Force (FAB) to request details regarding the mentioned flight, but was informed about the ban on “exposing everyday information that involves the displacement of heads of powers and ministers of State”. The report was able to access, however, the “drawing” of the interior of the plane with the names of the passengers and their location in the seats on the flight to Orlando that took place on December 30, 2022. Filipe is not mentioned.

Gazeta do Povo also contacted the United States Embassy in Brazil and the Ministry of Foreign Affairs, Itamaraty, and both responded that they would not comment. The Federal Police also informed that it would not respond to questions “as it is an ongoing investigation”, and that “the institution speaks exclusively before the Judiciary, respecting the legal procedures and procedures established by the justice system”.

Arrest of former advisor Filipe Martins lacks justification, say jurists

Given the facts presented, lawyer and professor Gauthama Fornaciari, who has worked as a criminal lawyer for 20 years, informs that the case falls under Law 12,403, which establishes the application of precautionary measures for the person being investigated.

“In other words, the arrest can be considered illegal, as certainly any of the measures envisaged, applied together or separately, are sufficient to ensure criminal prosecution or possible risk of escape”, he informs, citing the possibilities provided for in Article 319 of the Code of Criminal Procedure (CPP).

The doctor in State Law, Rodrigo Chemim, also points out that the minister’s decision cites two more arguments for Filipe’s arrest that lack justification in the decision. According to him, the minister ordered the arrest to guarantee public order and promote criminal investigation, preventing the person being investigated from altering any evidence.

However, the expert did not see any argument regarding the guarantee of public order in the document, and characterized as “superficial” the suggestion that Filipe could compromise the production of evidence if he remained free during the process.

According to Filipe Martins’ defense, the premises of the decision are not sustainable because Martins no longer holds a public position or influence, and had assets seized during the investigation. “Cellphones, tablets and other items were captured”, he points out, also mentioning that the person being investigated spontaneously gave his statement to the PF, in addition to “not having left Brazil, as he never hid or shied away from his obligations”.

Defense was not informed about Filipe Martins’ transfer

Furthermore, the defense points out that lawyers and family members were not informed about the transfer of the Federal Policy Superintendency (PF) in Curitiba to the prison of the Penal Medical Complex (CMA), in the Metropolitan Region of the capital of Paraná. The change was made last Thursday, February 22nd.

“How do they take someone being investigated without proof of a crime and without being caught in the act to a place where convicted criminals are located, without even informing the defense so that they can know where their client is?”, asks Scheiffer, mentioning that he discovered the change due to a video call scheduled with Martins on Thursday. “When I sent a message requesting the link to the Federal Police Superintendence, they did not respond,” he reports.

“The jailer who was working at lunch said that Filipe was no longer there because they had received an email from Alexandre de Moraes’ office requesting a transfer”, he adds.

The former advisor was taken to the prison, in Pinhais, and reported to the defense that the local team was also unaware of his arrival. “They didn’t even know where they would put him”, commented the lawyer to the Gazeta do Povo report, reaffirming that Martins is not accused of a crime.

“He is simply an investigator who, mistakenly, understood that he would have the means to leave the country without going through the migration system”, he concludes.