Moraes authorizes PF to analyze cell phones seized on 1/8 – 05/15/2023 – Power

Minister Alexandre de Moraes, of the STF (Federal Supreme Court), authorized this Monday (15) the Federal Police to analyze data from cell phones seized from those arrested in flagrante delicto in the coup acts of January 8.

“The evidence collected so far reveals strong indications of the commission of crimes by persons arrested in flagrante delicto, being essential to obtain telematic data for the complete elucidation of the facts, above all to avoid the disappearance of evidence and to enable the continuity of the ongoing investigation”, says the minister in his decision.

“In the same way, obtaining data stored in the cloud can clarify the circumstances surrounding the actions of those arrested and denounced as a way of stimulating and promoting the events carried out on 01/08/2023 to attempt against the abolition of the democratic rule of law.”

Moraes responded to a request from the Federal Police that requested the extraction of data from cell phones for “the collection of elements of information potentially capable of instructing the criminal actions that are instituted” against the suspects.

For the PF, this information can “corroborate the link between the owners of these objects and the facts committed on 01/08/2023”.

“But that’s not all. The extracted data may also bring evidence to be used in ongoing investigative procedures related to financiers, instigators and omission authorities”, the police told the minister.

In the decision, Moraes justifies access to cell phones by informing that “individual rights and guarantees cannot be used as a true protective shield for the practice of activities
unlawful acts, nor as an argument for removing or reducing civil or criminal liability for criminal acts, under penalty of disrespecting a true rule of law”.

In all, 1,390 people were denounced by the PGR (Attorney General of the Republic) for involvement in the January 8 attacks. In statements about the case, the agency said there was a set of evidence to support the accusation, such as images, messages and testimonies.

The material reveals that there was a stable and permanent situation of an association formed by hundreds of people to attack the institutions.

Part of the group is accused by the Attorney General’s Office of inciting the animosity of the Armed Forces against the Powers, and of criminal association.

They were arrested on the morning of January 9th in the camp set up in front of the Army headquarters in Brasília and are part of the so-called inciter group, with no direct involvement in the vandalism of buildings.

Already against the group of executors of the acts weigh the accusations of damage to the public property, criminal association, violent abolition of the democratic rule of law and coup d’état. These were arrested on the premises and in the vicinity of the headquarters of the three Powers.