Moraes’ decision is correct, says future STM president – 02/28/2023 – Politics

Future president of the STM (Superior Military Court), Minister Brigadier Joseli Parente Camelo does not see with desolation the decision of Minister Alexandre de Moraes to take to the STF (Supreme Federal Court) the trial of military personnel involved in the coup attacks on January 8 .

Even the gap that opens up for possible searches and seizures in military organizations does not concern the brigadier. “The Court’s decision needs to be fulfilled in any situation, right?”, he asks rhetorically.

About to assume the presidency of the court, Joseli avoided giving interviews before ascending to the position, to prevent public statements from being understood as an affront to the current president, Minister General Lúcio Mário Góes.

With a conciliatory profile, however, the brigadier agreed to give an interview to Sheet to prevent Moraes’ decision from being interpreted as an affront to Military Justice.

Joseli Parente Camelo was a pilot for Luiz Inácio Lula da Silva (PT) and former president Dilma Rousseff (PT), appointed by the Air Force. He calculates that he has flown about 10 thousand hours in the 12 years in the Presidency.

The list of the 92 countries to which Joseli took Dilma and Lula is nailed to the wall that divides the minister’s office and the corridor on the 4th floor of the STM.

What do you think of Minister Alexandre de Moraes’ decision? We were all in this expectation of Minister Alexandre de Moraes’ decision. Yesterday [segunda] I took the decision home and read it twice, three times, to understand it. He took into account two points that are very important.

First is the guarantee of due process. He tried to see whose competence it is, because people have to understand where they will be judged. If it is a military crime, naturally the path would be Military Justice. But, in this case, we judge the military crimes defined by law.

Law 13,491 expanded our competence. We judge military crimes defined by law and provided for in common legislation, provided that the military is active and the crime is against assets under the administration of the military or the military administrative order. And, in this case, Minister Alexandre de Moraes identified that there was no such thing.

So I understand that the minister’s decision was a correct decision for me. This does not mean that throughout the process, the investigations, it will be identified that one or the other is a military crime. In this case, I understand that those that are understood as military crimes would be forwarded to Military Justice. But at this first moment the understanding is that there was no military crime.

Why BGP works [Batalhão da Guarda Presidencial]responsible for the security of the Palace, does not constitute a military crime? We have a Presidential Security Secretariat in the Planalto Palace [ligada ao Gabinete de Segurança Institucional], who provides security for the president and the facilities. It is done, in principle, with those elements with the support of BGP. The BGP is a military unit, the Planalto Palace is not a military unit.

Of course, there is room for interpretation. But the interpretation given by Minister Alexandre de Moraes —which in my opinion is correct, he is the judge of this matter— is that there was nothing against the assets under the military administration.

Another thing: Supreme Court decisions must be respected and complied with. This is peaceful. I understand that there is nothing for us to be worried about. The important thing about the trial is that the entire legal process is followed, whether it is judged there by the Supreme Court, or whether it is judged by the Military Justice, that all conditions are met for ample defense, for the contradictory, and that in the end it is a fair trial: if there is proofs, condemns; If not, absolve.

This understanding opens a gap for the common Justice to determine search and seizure against military organizations, such as the Commando Militar do Planalto in this case. How do you see this? I don’t see any problem with that. Justice decision needs to be fulfilled in any situation, right? The court’s decision is enforced. If it’s to clarify something within an inquiry, that’s perfectly normal. I do not see a problem.

In the context of this decision, there is criticism of an alleged delay or even leniency by the Military Justice towards the military, due to possible corporatism. Do these arguments make sense to you?
I think it’s just the opposite. We are the fastest Justice we have ever had in our country. We are a Military Justice that is a reference in the world.

We have a prosecution body, the Public Prosecutor’s Office, which is subject to public examination, the civilian takes the test. [Parte dos] Our judges are civilians. During the trial, we are in the form of a cabinet, where the judges contribute their legal knowledge and the military judges contribute their perception of how Military Justice works.

So there are times when we are more severe. For example, with drugs. We have our criminal legislation, our penal code, and we follow it strictly. We are not going to follow the logic of the drug law, because it is too slow for us.

Another thing: judgment in a plenary of 15 ministers, 5 civilians and 10 military, this brings great justice to the jurisdiction.

The PGR has already denounced more than 900 people, and there is no denunciation in the Military Justice. Is there no delay? This does not depend on the Superior Military Court, the Military Justice, the Public Ministry, because we are provoked. Someone will offer the complaint and someone will receive it. The Public Prosecutor’s Office will take steps to decide whether or not the complaint is valid. If there is just cause, he will file a complaint.

But this has to reach the Public Prosecutor’s Office and only then will it reach the Military Justice, either in the first instance, if it is a general officer it can reach directly to the STM. But this we are provoked, it’s not because we don’t want to judge.

There is no military because the Public Ministry is working on the complaints that were offered. That’s what we have in mind. It is not the fault of the Military Justice or the Military Public Prosecutor’s Office that we have no decision on the military.

But offering a complaint is the work of the Public Prosecutor’s Office. They need to do all the due diligence to reach a decision as to whether or not this is the case. [de apresentar a denúncia]. Many times they are there, looking for the data. We have less than two months [dos ataques]there is no point in doing hasty things because you end up causing an injustice.

Things are progressing within due process of law. We have to listen to people, see evidence, we have deadlines. This fallout doesn’t work like that.

The Army opened three investigations to investigate, among other things, the performance of the Army itself, through the BGP, on January 8th. The head of the BGP commander conducts the survey. Is there not a distortion in this process? No, because the final word will be with the Public Ministry. He will receive the survey, analyze it and may ask for further action. All this is done. There is no idea that now there will be corporatism. It does not exist and it is a distorted view of the due legal process carried out here by the Military Justice.

Is your assessment the majority in the STM? I didn’t talk to anyone because my concern was to print it and take the decision to read it at home. And this morning I had an appointment at the Public Ministry of Labor and, when I was coming in here, you asked me for an interview. It would be frivolous to say that no one thought too much or too little because I didn’t talk to anyone.

You assume the presidency of the STM in March. What are your plans? Naturally, we prepare ourselves, but I can only speak after I take over. I’m preparing a lot to see why two years is a short time.

I’m giving you a personal opinion, I’m not speaking as a president or a future president. I am speaking according to my knowledge as Minister of the Superior Military Court.