Nunes Marques disagrees and rejects the complaint against prisoners in the barracks

The Minister of the Federal Supreme Court (STF) Kassio Nunes Marques voted on Monday night (24) not to denounce the 50 people identified as inciting the acts of 1/8 by the Attorney General of the Republic (PGR) in the trial of the investigation (4921). They are accused of the crimes of public incitement to the practice of crime and criminal association and were camped in front of the general headquarters of the Army, in Brasília.

Nunes Marques considered the Court incompetent to judge the case. “For the exercise of the judgment of admissibility of the accusation, determining the remittance of the files to the Federal Justice, Judiciary Section of Brasília – DF”, he wrote.

In addition to rejecting the complaints, he understands that it is necessary “to revoke all precautionary measures other than prison decreed against them, without prejudice to the continuity of investigations and the offering of a new complaint in relation to them, in the competent court, in the event of the emergence of new elements of evidence that can effectively demonstrate the existence of just cause and minimal evidence of authorship, an essential condition for the initiation of criminal proceedings”.

The minister considered “that the lack of evidence of authorship evidences the absence of just cause, an essential condition for receiving the complaint offered, which, in turn, signals exceptionality capable of justifying the rejection of the complaint (CPP, art. 395, III) instituted to the detriment of the defendants”.

“With the most respectful bows, from everything that has been exposed, I understand that it is not possible to characterize the just cause for the initiation of the criminal action based on the simple fact that someone is camped or “in the vicinity of the Army Headquarters” in Brasília, without demonstrate and individualize even a criminal conduct attributed to the denounced”, he wrote.

But, even with the vote of Nunes Marques, the result of the trial is already defined. The score is 8 to 1. Minister André Mendonça had not presented his vote on inquiry 4921 until 11:25 pm.