Mendonça votes against making defendants arrested in front of the Army HQ in Brasília

The Minister of the Federal Supreme Court (STF) André Mendonça voted this Tuesday (2) against receiving a complaint to make defendants 100 investigated who were arrested in the camp set up in front of the Army barracks, in Brasília, a day after the acts January 8 scammers. In the vote, Mendonça said that the situation of the investigated who were arrested in the barracks is different from the case of the denounced who were in Praça dos Três Poderes on the day of the acts, informed Agência Brasil.

“Actually, they only refer to people arrested the next day in the camp, in a peaceful moment. And it cannot be disregarded that, even disagreeing with what had happened the day before, the way in which their arrests took place shows that many of the people did not have their own or easy means of transport to leave immediately and thus demobilize and return to their cities of origin”, wrote the minister.

The trial, which takes place in the virtual plenary, began on April 25 and runs until 23:59 this Tuesday (2). The investigations that judge the intellectual authors (4921) and the executors (4922) of the acts of vandalism that resulted in the invasion and depredation of the headquarters of the Three Powers are being analyzed.

Mendonça accompanied the rapporteur “with reservations” in another 100 complaints

Regarding the 100 investigated who were in Praça dos Três Poderes, however, André Mendonça voted for the receipt of the complaints, but stressed that the cases must be analyzed by the first instance of the Federal Justice of the Federal District, and not by the Court.

“Regardless of the possession or not of objects intended for the practice of acts of depredation and confrontation, the presence of the denounced in the Palace [do Planalto]a place with restricted access, precisely at that moment, constitutes sufficient evidence for receiving the initials and deepening, under the scrutiny of the contradictory, the collection of evidence to elucidate the facts”, he concluded.

Mendonça’s vote, however, will not be enough to change the result, already consolidated. Last week, the STF formed a majority of 6 to 0 to receive charges against all 200 accused. Until this evening, the rapporteur’s understanding had already been accompanied by Ministers Gilmar Mendes, Dias Toffoli, Edson Fachin, Cármen Lúcia, Luiz Fux and Luís Roberto Barroso, and by the President of the Court, Minister Rosa Weber.

After the end of the trial, the accused will respond to a criminal action and become defendants in a lawsuit. Minister Alexandre de Moraes, the rapporteur of the case, will then analyze the maintenance of the prison of the accused who are still being held.