Moraes maintains arrests despite MPF’s indication to the contrary – 01/25/2023 – Panel

A survey carried out by the DPU (Defensoria Pública da União) at the request of the Panel shows that the minister of the STF (Federal Supreme Court) Alexandre de Moraes maintained the arrest of at least six investigated for the acts of vandalism on January 8, despite the opposite recommendation. of the MPF (Federal Public Ministry).

In some cases, the request was for house arrest, others for the adoption of precautionary measures or freedom.

By Law 13.964/2019, the Judiciary cannot order the arrest ex officio, that is, without the accusatory body asking.

“In this perspective, if the accusatory body manifests itself, when the custody hearing is held, for the granting of freedom, with or without the application of precautionary measures other than prison, the release is a measure that is imposed, under the risk of perpetuation ad infinitum of an ex-officio arrest, not admitted by the Brazilian legal system”, criticizes the Public Defender’s Office in a report published this Monday (23) together with the DPDF (Defensoria Pública do Distrito Federal).

According to the STF, the understanding that prevailed is that the MPF gives the opinion, but the decision is made by the judge. In cases where prisons were maintained, the minister considered that the conduct was illegal and very serious, with the aim of, through violence and serious threat, coercing and preventing the exercise of constitutional powers.

He also considered that there was evidence in the records of the effective participation of those investigated in a criminal organization that acted to try to destabilize republican institutions

Alexandre de Moraes concluded on Friday (20) the analysis of the situation of those arrested for involvement in the coup attacks on the buildings of the three Powers.

Of the 1,406 detainees, 942 had their prison in flagrante delicto converted into preventive (with no set period) and 464 obtained provisional release, through precautionary measures.

The MPF was approached, but did not manifest itself.

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