Moraes says that January 8 defendants had the right to “broad defense”

The target of criticism in the conduct of the January 8th proceedings, the Minister of the Federal Supreme Court (STF) Alexandre de Moraes stated that the defendants had the right to “full defense”. The magistrate is the rapporteur of the actions involving the acts that resulted in the invasion and depredation of the headquarters of the Three Powers.

“Due legal process and full defense were guaranteed… All prisoners had immediate access to a magistrate”, said the minister in an interview released this Wednesday (3) by Estadão. Moraes has been criticized by lawyers for January 8 defendants. Furthermore, in November, the Brazilian Bar Association (OAB) issued a note expressing concern after the minister prevented the oral argument of a defender during the in-person trial of a regulatory appeal in a request for habeas corpus.

Days after the OAB’s note, the minister once again denied a request for oral argument made by a lawyer in the trial of a regulatory appeal. This time, the case occurred during the plenary session of the Superior Electoral Court (TSE). Moraes, who presides over the Electoral Court, highlighted that the internal regulations of the TSE, as well as those of the STF, do not provide for oral arguments in appeals.

“Doctor, this is the case… I’ll repeat it again. The OAB will launch another note against me, they will say that I don’t like the right to defense. There will be another 4,000 tweets from my enemies. So let’s have a social media party, doctor. The internal regulations of the Superior Electoral Court, following the internal regulations of the Federal Supreme Court, according to the decision of the Federal Supreme Court, there is no oral argument in appeals”, said Moraes in the session on November 23rd.

The judge said that the STF acted “swiftly and efficiently” to respond to the acts of vandalism. “The STF demonstrated the strength, courage and independence of the Brazilian Judiciary in resisting the attempted coup and anti-democratic attacks,” Moraes told Estadão. He stated that “democracy is untouchable and the STF will not allow any type of impunity”.

Trials and investigations into 8/1 continue

To date, the Court has sentenced 30 people for the acts of January 8, with sentences of up to 17 years in prison – such sentences are higher than those established in the Brazilian legal system against the crimes of rape, drug trafficking and corruption.

The expectation is that another 29 criminal actions will be concluded on February 5th. “The trials of the remaining 139 criminal actions for the most serious crimes, of the defendants who invaded and destroyed the headquarters of powers, will be concluded by the end of April, with 15 criminal actions scheduled every week”, said the minister.

Moraes stated that “all those responsible will be prosecuted and punished to the extent of their culpability”. He also pointed out that the Federal Police and the Attorney General’s Office (PGR) continue to investigate financiers, promoters and, mainly, “public agents and civil and military authorities who participated by action or omission in the attempted coup d’état and attack against constituted powers”.