Moraes votes to convict five more defendants from January 8th – 09/26/2023 – Power

Minister Alexandre de Moraes, of the STF (Supreme Federal Court), voted this Tuesday (26) to convict five more defendants accused of participating in the January 8 coup attacks. The sentences imposed by the magistrate range from 12 to 17 years.

The five defendants were accused by the PGR (Attorney General’s Office) of the crimes of armed criminal association, violent abolition of the Democratic Rule of Law, coup d’état, qualified damage to Union property and deterioration of listed property.

Moraes’ votes were given in a virtual plenary session — a system in which ministers cast their votes electronically — which ends next Monday (2). Until then, there may be a request for review (more time for analysis) or highlighting (which takes the case to the physical plenary).

One of the defendants was initially scheduled to be tried in the physical plenary of the Supreme Court, but the trial was rescheduled to the virtual one. This is Moacir José dos Santos, 52, from Foz do Iguaçu (PR), who was arrested inside the Planalto Palace at the time the coup acts were taking place.

Moacir was the one who received the highest sentence, 17 years, among the votes given by Moraes in the current batch.

In his vote, the minister highlighted that, during the interrogation, the defendant “recognized that he entered the Palácio do Planalto, a fact ratified by the expert report carried out on his cell phone. Therefore, with full knowledge, he joined the coup group that carried out the acts against the Democracy since the diploma of the elected president [Lula]and which culminated in acts of vandalism against public buildings on 1/8/23.”

Another, Davis Baek, 41, was arrested in Praça dos Três Poderes with two firecrackers, a tear gas projectile, as well as a rubber bullet, pocket knives and knives. He is a resident of São Paulo.

For the PGR, he helped in the “destruction, destruction and deterioration of the Union’s assets, as he was arrested in possession of equipment that demonstrated his free and conscious adherence to violent acts and serious threats carried out against the person, in addition to the use of flammable substance, thus causing enormous harm to the victim”.

Moraes defended that Baek be sentenced to 12 years for the crimes of violent abolition of the Democratic Rule of Law, coup d’état and armed criminal association. The minister also voted for the defendant to be acquitted of the crimes of qualified damage and deterioration of listed property.

The third is Nilma Lacerda Alves, 44, from Barreiras (BA). According to the prosecutor’s office, she worked with a group that destroyed works of art and property in Planalto. The fourth defendant is Jupira Silvana da Cruz Rodrigues, 57, from Betim (MG). She was also arrested inside the palace.

In both cases, Moraes imposed a 14-year sentence on the defendants.

There is also João Lucas Vale Giffoni, resident of Brasília. He was accused of breaking into the National Congress and breaking windows, mirrors, glass doors, furniture, trash cans, computers, information totems, works of art, porticoes, closed circuit TV cameras, carpets, security equipment and even a Jeep vehicle .

According to the complaint, he had burned the carpet in the green room of the Chamber of Deputies. Moraes also imposed a 14-year sentence on him.

The minister also voted for the five defendants to receive a fine of R$30 million for collective moral damages to be paid jointly by those convicted.

To date, three defendants from January 8 have already been sentenced by the STF: Two of them to 17 years in prison and one to 14 years. These trials took place in the physical plenary of the court.