Gilmar Mendes denies releasing prisoner from 8/1 due to STF restrictions

The minister of the Federal Supreme Court (STF), Gilmar Mendes, denied a request for Habeas Corpus (HC) filed by the defense of the former commander of the Operations Department of the Military Police of the Federal District (PMDF), Colonel Jorge Eduardo Naime, imprisoned for more than 300 days accused of omission in relation to the acts of January 8th.

In the order, the minister cited STF Summary No. 606, which prevents the granting of HC on decisions made by other ministers.

“I highlight that this understanding has been adopted by other rapporteurs for writs filed involving the episode of January 8, 2023, such as HC 224.642/DF, rel. Min. Edson Fachin, from HC 224.643/DF, rel. Min. Roberto Barroso and HC 224.094/DF, rel. Min. Ricardo Lewandowski”, says an excerpt from the decision published on December 7th.

Colonel Naime was arrested on February 7 during Operation Lesa Pátria, but the complaint was only sent by the Attorney General’s Office (PGR) to Minister Alexandre de Moraes in August through a confidential petition.

In September, unlike the DF Military Police report that attributed the crimes of malfeasance and non-compliance to the colonel, the Federal Police (PF) issued a report on the acts of January 8th in which it did not even mention the name of the soldier.

The colonel was also exempt from any responsibility in the final report of the CPI of the 8/1 of the Legislative Chamber of the Federal District (CLDF).

Minister Alexandre de Moraes has already denied at least four requests for freedom made by Colonel Naime’s defense.

Even though he was on vacation on January 8, Naime left his home to help contain the protesters. During the police action, the soldier was injured by a firecracker.

Colonel Naime’s wife says the soldier’s arrest is unfair

When talking to the People’s Gazette, Mariana Adôrno Naime, wife of Colonel Naime, complained about the difference in the treatment given to the former PM commander compared to the arrest of other commanders who, in addition to having their arrest ordered after Naime, gained the benefit of staying detained in battalions. Naime has been imprisoned in the Papuda Penitentiary Complex, in DF, since September.

In the same month, the general command of the Military Police of the Federal District (PMDF) removed Colonel Jorge Eduardo Naime from his duties and suspended the payment of the soldier’s bonuses by order of the Federal Supreme Court (STF).

According to the Supreme Court’s decision, the colonel will be kept away while the investigation continues.

Colonel Naime has suffered from health problems

As reported by People’s GazetteNaime has already needed medical attention due to serious health problems several times during the time he has been in prison – three times in the last week alone.