Even after the Federal Public Ministry (MPF) decided last week to archive the civil investigations that investigated the responsibilities of the governor of the Federal District, Ibaneis Rocha (MDB), and the former Secretary of Security Anderson Torres, related to January 8, 2023, both remain investigated by the Federal Supreme Court (STF). In view of this, lawyers for those involved in the acts of vandalism at the headquarters of the Three Powers hope that the MPF will also accept the requests to archive the criminal investigation, but they fear that the rapporteur at the STF, Minister Alexandre de Moraes, will resist archiving in order to maintain control over the case. process.
Lawyer Carolina Siebra’s expectation is that the MPF will also declare itself in favor of archiving, but the process will still remain open. “The tendency would be to archive it, but I fear that what happened in the Inquiry of Fake News, opened in 2019 and has no end date. In it, the Attorney General’s Office (PGR), owner of the criminal action, asked for it to be archived and Minister Alexandre de Moraes denied it”, he said.
In the investigation to investigate the responsibilities of district authorities in acts of vandalism, in addition to Ibaneis Rocha and Anderson Torres, the former assistant secretary Fernando de Sousa Oliveira and Colonel Fábio Augusto, from the Military Police of the Federal District, are being investigated.
Lawyer Claudio Caivano, representing the defendants of January 8, highlights the autonomy and independence between civil and criminal investigations, and recalls that acquittal in the criminal sphere does not prevent conviction in the civil sphere, and vice versa. However, he expresses concern about the possibility of federal prosecutors being stripped of their prerogatives. In this sense, the lawyer points out the need to assess whether the PGR is adequately supervising the process and the conclusions of the MPF.
Caivano’s fear lies in the perception of an excessive concentration of power in the hands of the STF rapporteur. He argues that the defense has demonstrated a serious distortion that other legal professionals are beginning to notice. The lawyer highlights that minister Alexandre de Moraes plays the roles of judge, investigator and part of the process, also presenting himself as a victim. “This centralization of all procedural and criminal nuances in a single person is something typical of a dictator, unfortunately”, he protested.
MPF closed investigation due to lack of evidence of criminal intent
The MPF archived inquiries investigating alleged administrative improbity on the part of the governor and the former secretary due to the lack of elements capable of indicating their intention to allow or facilitate vandals’ access to Praça dos Três Poderes. “The functional independence and high technical level of the MPF were decisive in demonstrating the innocence of Anderson Torres in relation to the acts of the 8th of January”, said in a statement the defense of Torres, former Secretary of Security of the DF and also former minister of Justice by Jair Bolsonaro (PL).
Ibaneis Rocha told the press last Thursday (1st) that he was happy with the MPF’s decision to close the misconduct investigation against him. “I had a search and seizure at my residence and my office. My computers were inspected. I handed over my telephone devices, because I was not in Brasília on the day of the seizure. I provided all possible clarifications and necessary statements and, therefore, I await the finalization of all this with great transparency”, he said.
In addition to the head of the Executive and the former secretary, the former number 2 of the Security Secretariat Fernando de Sousa Oliveira and the former undersecretary for Intelligence Marília Alencar were also investigated by this archived investigation. In addition to them, the former commander of the Operations Department (DOP) of the Military Police (PM) of the Federal District (PMDF), Colonel Jorge Eduardo Naime, and the former general commanders of the PM Klepter Rosa and Fábio Augusto Vieira were also involved in the process.
The final report of the Parliamentary Commission of Inquiry (CPI) on January 8th of the Legislative Chamber of the Federal District, approved at the end of 2023, cleared Rocha and Torres of allegations of collaboration with vandalism in Praça dos Três Poderes.
Opposition reaction to Torres’ situation
After the MPF’s decision on the civil inquiry, members of the opposition demanded compensation for Anderson Torres’ case. He is still being criminally investigated, in the action being processed by the STF under the report of Moraes.
“Who will repair all the injustice that was done to Anderson [Torres]?”, asked former president Jair Bolsonaro (PL).
When discussing the case, deputy Carla Zambelli (PL-SP) recalled that the former minister “He was imprisoned for 4 months and still uses an electronic ankle bracelet.”
Lawyer Fabio Wajngarten, former minister in the Bolsonaro government, reported having sent a message to Torres on January 8, 2023 warning that he would be held responsible for the acts of vandalism. “I remember, when watching the regrettable acts of predatory acts on TV, I called Min. Anderson, I hadn’t spoken to him in weeks. I questioned him: Minister, where did Mr. it is? Minister, Mr. Are you watching TV? Make a note or tweet immediately, it will fall into your lap. More than 100 days in prison. Away from his family, away from his life. Justice takes time, but it is still breathing, through life support,” wrote Wajngarten on his profile on the social network X.
“Who will pay for such loss in the life of Anderson Torres? […] This is the pattern in Brazilian relative democracy. Opponents are humiliated in the public square without any proof. In the end, the truth will prevail,” said deputy Júlia Zanatta (PL-SC).
“They threw him in jail, devastated his life, destroyed his physical and mental health, and shook his family. Anderson Torres suffered all of this so that they could find absolutely no evidence against him in the civil sphere. The same will happen in criminal terms, you can take note”, wrote São Paulo councilor Fernando Holiday on the social network.
“And who will repair all the injustice suffered by Anderson and his family?” asked federal deputy Mario Frias (PL-SP).