Mendonça accompanies Moraes “with reservations” in complaints by 8/1

The Minister of the Federal Supreme Court (STF) André Mendonça voted on Monday night (24) to make defendants 50 of the first 100 denounced by the Attorney General’s Office (PGR) for alleged involvement in the acts of January 8, in Brasília . The magistrate “accompanied with reservations” the rapporteur, Minister Alexandre de Moraes, in the vote on inquiry 4922, which covers those denounced as executors of acts of vandalism.

For Mendonça, in this investigation the 50 people, who were arrested inside or near the STF, Congress and the Planalto Palace, should become defendants. However, Mendonça opened divergence regarding the competence of the Court to judge those involved who do not have privileged jurisdiction. The minister considered that the cases should be judged in the first instance.

“Based on repeated jurisprudence of the STF, I vote for the decline of this Court’s jurisdiction and the referral of the facts, without analysis regarding the receipt of the complaint, to the first instance of the Federal Court of the Federal District, for free distribution”, he wrote. “Overcoming the preliminary incompetence, I vote for the receipt of the fifty complaints, continuing the corresponding processing under the terms of Law 8.038/1990 and the Code of Criminal Procedure”, he added.

For the minister, “at this procedural moment, there are minimum sufficient evidence against the defendants for the receipt of the complaint, a decision that cannot be confused with a condemnatory judgment”, emphasized the minister in his vote.

So far, the rapporteur, Minister Alexandre de Moraes, has voted to make the 50 cited in this process defendants. He was accompanied by seven ministers. In addition, Mendonça followed Moraes’ vote, but with reservations. Justice Kassio Nunes Marques’s vote is still missing, but he will not change the outcome of this judgment in the STF.

The crimes attributed by the Attorney General’s Office to the denounced are an attempt to abolish, with serious threat or violence, the Democratic State of Law; coup d’etat; armed criminal association; damage qualified by violence and serious threat, with the use of a flammable substance, against the assets of the Union.

In all, the PGR has already presented 1,390 formal accusations in the investigations that determine the responsibilities for acts of vandalism in the headquarters of the Three Powers in Brasília. There are 239 related to the core of executors, 1,150 in the core of initiators and one in the core that investigates the alleged omission of public authorities in the episode.

Other inquiry

Until 22:55, Minister André de Medonça had not yet cast his vote in the other survey, 4921, which concerns the first 50 people who will be denounced for being “participants by incitement”. That is, those who are identified as instigators of the acts.

But the result is also defined. The score of this judgment is 8 to 1. Only Minister Kassio Nunes Marques presented a vote against the rapporteur.