Moraes votes to acquit homeless Lula voter arrested by 8/1

This Friday (8), Minister Alexandre de Moraes, of the Federal Supreme Court (STF), voted for the acquittal of Geraldo Filipe da Silva, a homeless voter of President Lula (PT) who was arrested accused of participating in the acts on January 8, 2023.

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.

“I reject the preliminary ruling and consider the criminal action brought against Geraldo Filipe da Silva to absolve him of the crimes provided for in arts. 288, single paragraph (armed criminal association), 359-L (violent abolition of the Democratic Rule of Law) and 359-M (coup d’état), 163, single paragraph, I, II, III and IV, (damage qualified by violence and serious threat, with the use of a flammable substance, against the Union’s property and with considerable damage to the victim), all of the Penal Code and, also, art. 62, I, (deterioration of listed property), of Law 9,605/1998, in accordance with article 69 of the Penal Code, as there is not sufficient evidence for conviction, under the terms of art. 386, VII, of the Criminal Procedure Code”, says an excerpt from Moraes’ vote presented in the Virtual Plenary, this Friday.

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 claimed 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 for or supported former president Jair Bolsonaro” and, therefore, “was not a protester on the 8th /01/2023”.

Also this Friday (8), minister Alexandre de Moraes voted to condemn another 14 defendants from 8/1 with sentences ranging from 11 to 17 years in prison for the alleged crimes of violent abolition of the Democratic Rule of Law, qualified damage, coup of State, deterioration of listed heritage and criminal association.