MPF changes complaint against Jefferson to ‘eventual fraud’ – 08/17/2023 – Politics

The Federal Public Prosecutor’s Office amended the complaint against former deputy Roberto Jefferson in the criminal action over the shots fired at Federal Police agents.

The Attorney’s Office understands, now, that the former president of the PTB must answer for attempted murder with eventual intent, for having assumed the risk of killing the four policemen. The initial charge stated that he intended to kill the agents.

The amendment, proposed last month, does not change Jefferson’s legal situation, which is still awaiting the decision of Judge Abby Magalhães, of the 1st Federal Court of Três Rios (RJ), on whether or not to send the case to the Jury Court. However, the MPF’s interpretation of the attack changes, approaching the version given by the former deputy himself during interrogation.

Even so, the defense of Jefferson, an ally of former president Jair Bolsonaro (PL), disagrees with the complaint, considering that the former deputy should answer only for culpable bodily injury, due to the injuries of the police officers during the escape, and damage to public property, for the vehicle hit.

The four police officers were attacked on October 23 of last year at Jefferson’s farm in Comendador Levy Gasparian (RJ), a city 142 km from Rio de Janeiro, where he was serving house arrest. The agents went to the scene to comply with the new arrest order issued by Minister Alexandre de Moraes, of the STF (Superior Federal Court).

The arrest was determined on the grounds of repeated non-compliance with the rules of house arrest. A day earlier, he had used his daughter’s Twitter account, Cristiane Brasil (PTB), to curse STF Minister Cármen Lúcia. The magistrate was called “Blair Witch”, “Carmen Lucifer” and compared to prostitutes.

The former deputy had been under house arrest since January 2022 for health reasons. On the occasion, Moraes relaxed the preventive detention decreed in August 2021 in the context of the digital militias inquiry.

In May, during interrogation in the Federal Court, Jefferson said that the 60 rifle shots he fired only aimed at the PF vehicle, which he assumed was armored – only the front doors were, in fact, protected. The three light and sound grenades (one of them tampered with nails), he said, were thrown away from the agents.

The former congressman even said that he had laughed when the policewoman fled, after throwing the first stun grenade adulterated with nails. The agent hit had the most serious injury of the attacked team.

“They took shelter. The last one to run was the girl. I even laughed. She’s just like my granddaughter. Little hair stuck…”, said the former deputy. Two other police officers were injured by shrapnel.

She was wounded in the leg by shrapnel from a projectile fired by the former federal deputy’s carbine. The indictment stated that she was “born again” because she had her leg protected by the pistol that was strapped to her body in its holster.

Jefferson apologized to the police, not present at the hearing, and said he regretted the act. “I’ve never in my life slapped anyone.”

Attorney Luciana Gadelha, responsible for the change, does not explain the reason for the change in the piece. She only said that it took place “with a view to convincing the signatory, after the conclusion of the instruction phase”.

“The lethality (adulterated grenades and carbine), the disproportionality of the weapons used by the accused (the policemen were carrying pistols and were not wearing vests), the amount of ammunition and shots fired (sixty), the knowledge and expertise of the accused with the use of this type of weapon, demonstrate that the accused assumed the risk of producing the death of the police officers
federal charges, which under those conditions was predictable and indifferent to her, characterizing possible malice”, wrote the prosecutor.

The defense, however, maintained the position that the case is a culpable bodily injury. The aim is to take the judgment of the case out of the Jury Court, where the case is heard by lay jurors.

“The now defending [Jefferson] he would have acted, at most, with conscious guilt, given that he did not want the result, did not take the risk of producing it, nor was it tolerable or indifferent to him. The event was represented (predicted), however, he sincerely trusted in its non-occurrence”, say the lawyers.

Judge Abby Magalhães stated that “the addition does not substantially change the charge, nor does it matter in aggravation of the imputation”. For that reason, she kept the testimonies valid and is awaiting the final arguments of the parties in the case to decide on the continuation of the criminal action.