Lawyers ask Moraes for proof of the alleged “homicidal plan”

Lawyers for 8/1 prisoners asked the minister of the Federal Supreme Court (STF) and rapporteur of the January 8 actions, Alexandre de Moraes, to present evidence that supports the alleged “homicidal plan” of protesters against the minister.

The plan was revealed by the minister during an interview with the newspaper The globe and published on January 4, 2024.

According to the minister, the investigation into the acts of January 8th had identified “three plans” allegedly created by protesters that predicted his arrest and murder.

“The first predicted that the Special Forces (of the Army) would arrest me on a Sunday and take me to Goiânia. In the second, they would get rid of the body halfway to Goiânia. Then, it wouldn’t exactly be an arrest, but a homicide. And the third, some of the more exalted ones, argued that, after the coup, I should be arrested and hanged in Praça dos Três Poderes. To feel the level of aggression and hatred of these people, who do not know how to differentiate between an individual and an institution”, said Moraes at the time.

The petition presented by lawyers Ezequiel Silveira, Gabriela Ritter and Carolina Siebra also requests that the minister declare himself prevented from judging the actions of 8/1.

“The reasons that lead to the declaration of impediment are of special gravity, and their existence leads to absolute nullity in the face of the presumption juris et jure of partiality of the judge”, says an excerpt from the petition when citing article 252 of the Criminal Procedure Code (CPP), which says that the judge cannot exercise jurisdiction in the process in which he “is a party or directly interested in the event”.

When commenting on the petition in a video on social media, lawyer Ezequiel Silveira recalled that in the interview, Moraes said he had advised the government’s actions in relation to the acts of 8/1, which, in itself, would already make him suspect for judge the actions, since the government is one of the parties to the processes.

“This (the guidance to the government) makes it suspect in the judgment of these cases, something that people already knew, but now the minister has confessed. He also said that a plan was discovered for him to be killed by hanging in a public square, however, he did not provide any proof of this situation. And, if in fact, he would be an alleged victim of the people accused in 8/1, he would also not be able to judge (the actions), no longer because he is a suspect, but because he is prevented and this is grounds for nullity of the processes”, he said. the lawyer.

According to article 144 of the Civil Procedure Code (CPC), a judge who is himself part of the process will be prevented from judging an action. The following article of the CPC says that the judge will be suspected of judging a case when any of the parties is its creditor or debtor and when he is interested in judging the case in favor of either party.