Family of 8/1 prisoner who died in Papuda calls for Moraes’ arrest
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This Friday (2), the family of small businessman, Cleriston Pereira da Cunha, entered the Federal Supreme Court (STF) with a lawsuit asking for the conviction of minister Alexandre de Moraes for malfeasance, ill-treatment, abuse of authority and torture .
Cleriston was one of the prisoners from 8/1 with a favorable opinion from the Attorney General’s Office (PGR) for provisional release, however, while awaiting the opinion’s assessment by Minister Alexandre de Moraes, the businessman was the victim of a sudden illness, in Papuda , in November last year.
The PGR’s opinion in favor of provisional release considered Cleriston’s health condition, which suffered from comorbidities. Furthermore, several medical warnings about the prisoner’s risk of suffering a sudden illness were ignored by Moraes, who denied provisional release to Cleriston three times.
“He died! After 311 days as a provisional prisoner who was denied, 3 times, the re-examination of his preventive status. He died! After a long and unjustifiable 81 days of the opinion given by the PGR in favor of the requested provisional release. He died! Because he was denied the right to have rights by minister Alexandre de Moraes, who, denying the right to be valid, thus challenged the national legal order”, says an excerpt from the action to which the People’s Gazette had access.
The action was sent by the family’s lawyer, Tiago Pavinatto, to the president of the STF, minister Luís Roberto Barroso.
According to the lawyer, when added together, the penalties for the crimes of which the minister is accused range from 10 to 31 years in prison.
Pavinatto also recalls that “the 1988 Constitution and the Internal Regulations of the STF provide that cases such as the one presented here must be processed and judged by the plenary of the Supreme Court itself, but there is no legislation on the rite of the process”.
In the action, the lawyer also complains about the “inertia” of the PGR, asks for Minister Alexandre de Moraes to be removed from his duties and demands the payment of compensation to Cleriston’s family for moral damage.
“Undoubted! Undeniable! Insurmountable! Urgent! The present action deserves such qualifications (and all the exclamations) whether due to its gravity, its symbolism or, finally, due to its originality: There is no record, in the History of Brazil, of any trial against a Minister of this State. STF for common crime. In fact, in the field of common crimes, this Supreme Court has also never had any of its Ministers even under investigation”, says another excerpt from the representation.
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