Moraes maintains the arrest of 942 accused of coup attacks – 01/20/2023 – Power

Minister Alexandre de Moraes, of the STF (Supreme Federal Court), concluded this 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 were arrested in flagrante delicto and 464 obtained provisional release through precautionary measures.

Regarding those who had their prison converted, the minister assessed that “there was a flagrant affront to the maintenance of the democratic rule of law, in clear disagreement with the guarantee of freedom of expression”.

He 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.

The minister also highlighted the need to investigate the financing of the arrival and stay in Brasília of those who carried out the attacks. In addition, he stated that the conversion of this group into a preventive one was necessary to guarantee public order and the effectiveness of the investigations.

In these cases, there is evidence of the crimes provided for in Articles 2, 3, 5 and 6 (terrorist acts, including preparatory acts) of Law 13,260/2016. He also cited articles of Penal Code 288 (criminal association); 359-L (violent abolition of the democratic rule of law), 359-M (coup d’état), 147 (threat), 147-A, item 1, paragraph III (persecution) and 286 (incitement to crime).

As for those who obtained provisional release, the minister considered that, “although there are strong indications of authorship and materiality in the participation of the crimes, especially in relation to article 359-M of the Penal Code (trying to depose the legally constituted government), until the present moment there is no evidence of the practice of violence, invasion of buildings and depredation of public property was gathered”.

Therefore, the minister understood that it was possible to replace the prison with precautionary measures such as the prohibition of leaving the district and home confinement at night and on weekends, with the use of an electronic anklet to be installed by the Federal Police in Brasília.

He also determined the obligation to present himself to the court of the county of origin every Monday, with a ban on leaving the country and the obligation to hand over passports within five days and the immediate suspension of any documents for carrying a weapon. of fire and registration certificates to carry out collection activities.

The use of social networks by the investigated and the communication with the others involved, by any means, was also prohibited.

According to the court, since the arrests on the 8th and 9th of January, 1,459 custody hearings were held until the last day of the 17th, under the coordination of the internal affairs department of the CNJ (National Council of Justice). Some prisoners participated in more than one hearing.

Of this number, 946 were made by judges of the TRF-1 (Federal Regional Court of the 1st Region) and 513 by judges of the TJDFT (Court of Justice of the Federal District and Territories).

The decisions were forwarded to the director of the Papuda Prison and to the director of the Federal Police. The minister determined that the PGR (Attorney General of the Republic) (PGR), the Public Defender’s Office and the OAB (Order of Lawyers of Brazil) be summoned for full knowledge of the decisions.