Moraes proposes a settlement to those accused of the 1/8 attacks – 08/22/2023 – Power

Minister Alexandre de Moraes, of the STF (Federal Supreme Court), gave a period of 120 days for more than 1,000 people accused after the coup acts of January 8 to decide whether they want to make an agreement that allows them not to go to trial.

The request to the minister was made by the PGR (Attorney General of the Republic), which expressed itself in favor of the instrument with the 1,156 Bolsonarists denounced for inciting anti-democratic acts, especially those who were arrested in front of the Army Headquarters on the day January 9th.

In the non-criminal prosecution agreement, the investigated person needs to confess to the crime, which must have a minimum sentence of less than four years, and must be a primary offender. In addition to avoiding legal proceedings, the mechanism, if strictly adhered to, prevents the accused from losing the status of first offender.

“In absolutely exceptional situations such as the present one, it does not seem to me that there are any obstacles to, with the advancement of investigations and knowledge of new facts and elements impossible to be analyzed in the past, the Public Ministry can re-examine the possibility of offering the agreement of non-criminal prosecution “, said Moraes in his decision.

“Exceptionally, therefore, the new analysis of the possibility of offering ANPP is feasible [acordo de não persecução penal] requested by the holder of the criminal action, through a new factual context proving an absolutely extraordinary situation, even after the complaint was offered by the PGR and received by the Federal Supreme Court”, he added.

The minister, at the request of the Attorney General’s Office, suspended criminal proceedings against defendants who can make the agreement for the 120 days.

As shown by the column Mônica Bergamo, from Sheetthe purpose of deputy attorney general Carlos Frederico Santos, who coordinates the PGR’s Group to Combat Anti-Democratic Acts, is to seek a solution inspired by restorative justice for those who incited anti-democratic attacks, but did not participate as executors or financiers.

Investigations into January 8 at the Attorney General’s Office were divided into four parts: instigators, executors, authorities and financiers.

While the diligences around the first two groups have already resulted in hundreds of complaints, the PGR now turns to the authorities who were allegedly silent in relation to the attacks.