MPF ignores CPI report from 8/1 in DF and focuses on Bolsonaro

The first statements by the Federal Public Ministry (MPF) about the reports sent at the end of 2023 by two CPIs dedicated to January 8, 2023, that of the Legislative Chamber of the Federal District and that of the National Congress, left the lawyers of those arrested for the acts of vandalism even more apprehensive. They fear the persistence of the investigation without an adequate forum, focused on supporters and allies of former president Jair Bolsonaro (PL), identified as an alleged mentor, and on district government authorities, in addition to the continued leniency towards possible omissions by the president’s government. Luiz Inácio Lula da Silva (PT).

The Attorney General’s Office (PGR) does not have a deadline or even an obligation to evaluate CPI reports. But its new head, Paulo Gonet, will have to issue an opinion on the investigations at the Federal Supreme Court (STF) that address Bolsonaro’s possible “orchestration” in favor of the acts. The body will also be able to decide on recommendations made by the Mixed CPI of Congress, whose final report called for the indictment of 61 people, including the former president, military personnel, ministers from the last government and even citizens identified as financing the protests in Praça dos Três Poderes , in Brasília, which ended in acts of vandalism and camps at the Army Headquarters.

During the speech he gave at the event held in Congress to commemorate the first anniversary of the 8th of January, Paulo Gonet indicated that the PGR will follow the path opened a year ago, dedicated to holding all those involved in the acts responsible for offering to the Judiciary the ” punishments” – in his words – that fit each person involved. At the meeting organized by Lula, the prosecutor stressed that investigations will not consider the “social status” of those being investigated.

In relation to the CPI report from the Legislative Chamber of the Federal District, the MPF said that the document can “at most” serve to corroborate work. It lists evidence of the crimes of 133 individuals, including military police officers – two colonels. Before that, the PGR had already denounced seven other top officers of the Military Police of the Federal District (PMDF).

CPI report was divided between common and federal crimes

The MPF received the 400-page report from the district CPI with a portion allocated to the Public Ministry of the Federal District and Territories (MPDFT). Cases of common crimes, such as damage to property, were referred to this regional body. For the PGR, however, there were reports of signs of crimes considered federal, such as the so-called “sabotage and attempted abolition of the Democratic Rule of Law”. The text left out the targets the PMDF leadership, politicians and members of the Armed Forces, including General Marco Gonçalves Dias, former chief minister of Lula’s Institutional Security Office (GSI).

“The CPI report [da Câmara Legislativa do DF] It didn’t turn out the way we wanted, but the green and yellow movement in favor of democracy continued, especially on social media, throughout Brazil. We are not going to give up on our country”, highlighted district deputy Paula Belmonte (Citizenship). She defends the punishment of those who vandalized public buildings, with due legal process, but “without preventing the population from fighting for a fairer country for all”.

There are still expectations about the effects on the MPF of the Congressional CPMI report, created at the request of the opposition, which intended to determine who were the perpetrators of the acts of vandalism and also the failures of authorities, without which they would not have occurred. The uninvestigated omissions involving the then Minister of Justice, Flávio Dino, Gonçalves Dias, from the GSI, were ignored due to the majority imposed by the government on the CPMI, which shielded the two ministers and other lines of investigation. The blame for leniency fell solely on the Federal District.

Installed at the end of May, the commission of deputies and senators concluded its work on October 18, a month ahead of schedule. The 1,300-page final report by senator Eliziane Gama (PSD-MA) – Dino’s ally – was approved by 20 to 11 votes and was sent to judicial bodies for continued investigations.

The opposition presented an alternative opinion, in which it points out a series of signs of irresponsibility and collusion with the events.

Lawyers expect replacement of MPF deputy prosecutor in the case

Lawyer Carolina Siebra, representing part of the January 8th defendants, expresses her regret at the MPF’s dismissive stance towards the work of the district Legislature. Furthermore, she criticizes the fact that the agency decided to share the report received with the Public Ministry of the Federal District and Territories (MPDFT). However, in her opinion, the most serious thing was the MPF’s official statement that the DF commission did not bring robust elements.

Carolina believes that the new attorney general, Paulo Gonet, should adopt a more balanced stance, considering his history of technical rigor. She states that it would be surprising if Gonet changed this profile after taking over the PGR. For the lawyer, the prosecutor responsible for the investigation until last year, Carlos Frederico, acted in a “clearly persecutory manner against the opposition”. “The appointment of the deputy prosecutor itself was a mistake, as it violated the principle of the natural prosecutor, an issue that was questioned by lawyers, but without results,” he added. In the case of Carlos Frederico, an ordinance designated him as responsible.

The lawyer visited the MPF headquarters in Brasília last Tuesday (23) to argue again about the incompetence of the STF, as the Court of last instance, to judge the January 8th defendants, but was informed that this issue will not have any chance of review. “We are experiencing an exception corroborated by all actors, which are clearly out of step with the country’s current legislation,” she protested.

Constitutional lawyer André Marsiglia maintains that the Federal Public Ministry (MPF) has the right to interpret the report approved by the CPI of the Federal District as inconclusive, considering it only as a mere complement to continue the work. However, he emphasizes the importance that this complement does not result in “disregard or repetition of what has already been determined by the commission”. Santos emphasizes, based on this point of view, that it is likely that federal prosecutors will maintain their focus on investigations related to Bolsonaro’s supporters and allies, as well as district authorities.

According to lawyer Claudio Caivano, although he agrees that the trend is for investigations to continue focusing on people linked to the former president and authorities in the Federal District, Gonet’s rise to head of the PGR has already resulted in a reduction in the excessive weight of alternative penalties. proposals. Non-criminal prosecution agreements (ANPP), for example, saw a 50% reduction in fines, from R$10,000 to R$5,000, and in working hours for society, from 300 to 150 hours.

Caivano also suggests that, in this vein, the current prosecutor in charge of the events of January 8, Carlos Frederico, could soon be replaced. Despite these changes, the defender of 15 people indicted in the STF investigation expresses fears that the MPF will continue the “hunt” for politicians allegedly associated with the events of the fateful date, with a view to their subsequent political impeachment.

Senators are betting on laws to change the course of convictions

Defender of January 8 defendants, retired judge Sebastião Coelho da Silva returned to social media to ask for the engagement of society and parliamentarians to approve Bill (PL) 5,064/2023, authored by senator Hamilton Mourão (Republicans- RS), which provides for amnesty for those convicted of the acts.

Coelho da Silva was the lawyer for the first defendant tried in the STF for acts of vandalism and gained notoriety when he left the bench for disagreeing with the election of minister Alexandre de Moraes to preside over the Superior Electoral Court (TSE), in 2022. When defending his client in the STF , he called the Court’s ministers the “most hated people in the country”.

In addition to Mourão’s amnesty project, senator Marcio Bittar (União Brasil-AC) presented a Proposed Amendment to the Constitution (PEC) to amnesty Bolsonaro and those arrested on January 8th. The text has the support of 29 senators, two more than necessary to be accepted. “The actions of Minister Alexandre de Moraes (STF), providing legal advice to President Lula after January 8, raise critical questions about the adequate separation between powers”, says a note from eight senators.