Moraes revokes precautionary measures for homeless man acquitted from 8/1

The minister of the Federal Supreme Court (STF), Alexandre de Moraes, revoked the precautionary measures imposed on Geraldo Filipe da Silva, a homeless man who voted for President Lula (PT) who was arrested accused of participating in the acts on January 8, 2023. The decision is dated March 22, 2024.

In November 2023, after spending almost 11 months in prison, Geraldo was released on provisional release using an electronic ankle bracelet by decision of Moraes. The STF formed a majority to acquit Geraldo on March 14, 2024.

“In view of the defendant’s acquittal, the criteria set out in art are not present. 282 of the Code of Criminal Procedure (necessity and adequacy) for the maintenance of the aforementioned precautionary measures, considering their ancillary nature”, says an excerpt from Moraes’ decision that revoked the precautionary measures.

Geraldo was arrested for allegedly setting fire to a vehicle during the protests in Praça dos Três Poderes.

The progression from preventive detention to provisional release occurred after the defense submitted a request to the Attorney General’s Office (PGR) with a report from the Federal Police denying that Silva carried out the act of vandalism.

Geraldo’s defense argued that the PF report “makes it clear that there is no image or video that shows the accused at the scene of the events, nor was the accused arrested with a cell phone, a fact that is completely true, as the same in its misery and a situation of self-sufficiency, I was unable to own a cell phone.”

Furthermore, according to the defense, Geraldo is a voter of Luiz Inácio Lula da Silva (PT) and “happily participated in the inauguration of the current president, never voted or supported former president Jair Bolsonaro” and, therefore, “was not a protester on the 8th /01/2023”.