MPF wants to increase sentence for 8/1 defendant due to DNA on cap; defense contests

The Federal Public Ministry (MPF) asked the Federal Supreme Court (STF) to increase the sentence of a defendant, arrested for the acts of January 8, 2023, after the Federal Police detected the man’s DNA on a cap left in the Chamber of Deputies on the day of the depredation. The defendant’s defense demanded the rejection of the addition to the complaint – a request to increase the sentence -, pointing out that the expert report identified “multiple genetic profiles” in the cap, and therefore “should not serve as evidence to increase the sentence”.

The MPF’s request to increase the sentence began to be analyzed, last Friday (5), in the virtual plenary of the STF. The action’s rapporteur, Minister Alexandre de Moraes, voted to accept the addition of the complaint against Jony Figueiredo da Silva. He was arrested one day after the acts of vandalism with the group that was in the camp set up in front of the Army headquarters, in Brasília.

For the MPF, Silva “was actually at the National Congress, actively participating and competing with other agents to destroy the furniture that was there, as can be inferred from the Expert Reports.” The reports, according to the PGR, “identified genetic traces of the accused in a yellow cap found on the premises of the Plenary of the Chamber of Deputies, during a crime scene examination carried out on January 8, 2023”.

Initially, Silva was denounced for incitement to crime against constitutional powers and criminal association. However, with the results of the PF’s expertise, which pointed to his presence in the National Congress, the MPF decided to add the complaint and included the crimes of violent abolition of the democratic rule of law, coup d’état, qualified damage, serious threat against the property of the Union and deterioration of listed heritage.

In the MPF’s view, “the accused and the other invaders shouted slogans demonstrating the intention to depose the legitimately constituted government”. “The accused attempted, using violence and serious threats, to abolish the Democratic Rule of Law, preventing or restricting the exercise of Constitutional Powers, as well as deposing the legitimately constituted government, seeking the seizure of power by the military and the establishment of a dictatorship , because it is contrary to the result of the 2022 electoral election and because it does not trust the counting of votes”, says an excerpt from the document.

The MPF also highlighted that the damage caused by the group, of which the defendant is part, “reached, according to preliminary assessments, the amount of R$3.5 million in the Federal Senate and R$2.7 million in the Chamber of Deputies” .

When casting his vote, Moraes claimed that the accused was notified in September last year about the addition of the complaint, but did not present a “prior response”, having to appeal to the Federal Public Defender’s Office (DPU).

Defense of the defendant

On March 6, the DPU presented a response, claiming that “it is not up to the STF to judge and prosecute the case” and that a “series of very serious crimes” were attributed to the accused “without there being overwhelming proof of the commission of the acts mentioned”.

According to the DPU, the PF’s own expertise showed that “multiple genetic profiles” were identified in the yellow cap, which demonstrates that the object may have been shared with several people.

The public defender reinforced that “Justice cannot be based on assumptions or circumstantial evidence”, and therefore the ministers must reject the addition of the complaint.

“In view of this plurality of DNA found on the yellow cap, it is necessary to recognize the fragility of the accusation and this addition, because although the object was at the scene, it cannot serve as sufficient proof for the accusations. It is necessary to have something more, because a clothing accessory with DNA from several people, including the defendant, cannot be used to drastically change everything,” he declared.

The defender also highlighted that the “responses” to the acts of January 8 “cannot be transformed or appear like revenge”.

Moraes’ vote

Moraes contested the DPU’s response, pointing out in his vote that the STF “is competent to investigate, process and judge the facts narrated here, as well as the legal responsibility of all authors and participants in the countless crimes that violate the Democratic Rule of Law”.

Finally, Moraes voted to accept the request to increase the sentence based on reports from the MPF that the “indictee was part of the group responsible for carrying out material attacks against the headquarters of the Three Powers”.

The increase in the penalty now depends on the position of the STF. Ministers have until April 12th to judge the MPF’s request.

Added to the sentences for the crimes attributed to Silva, the sentence could reach 22 years for participating in the acts of vandalism on January 8, 2023.