In a vote against habeas corpus of detainees, Minister Nunes Marques, of the STF, says that arrests may have been made “indiscriminately”.| Photo: Joedson Alves/Agência Brasil

Minister Nunes Marques, of the Federal Supreme Court (STF), voted against three habeas corpus requests from prisoners for the acts of January 8, in Brasília, with reservations for what he classifies as “large-scale” arrests in an “indiscriminate” way . The observations are part of the draft vote of a judgment in the virtual plenary of the Court held in secrecy over the last week.

By a score of 10 to 0, the ministers voted against appeals from prisoners in the protests who had requests for habeas corpus denied by Minister Ricardo Lewandowski, according to Politics 360.

According to the voting draft to which the website had access, Nunes Marques says that it seems to him that “the large-scale arrests, carried out indiscriminately, due to the events that occurred on 01/08/2023, investigated in Inquiry No. 4,879, and the temporal extension of the incarcerations are worrying and lead me to record, from the outset, some caveats that I consider necessary”.

“Arrests in flagrante delicto and the eventual conversion into preventive arrests or precautionary measures other than imprisonment necessarily require the precise identification of those responsible for the criminal offenses that occurred on 01/08/2023 and the individualization of their respective conduct”, he said in another snippet.

He amended by saying that, if necessary, one should “always verify the possibility of adopting the alternative measures referred to in art. 319 of the CPP [Código de Processo Penal]when sufficient and appropriate for the case”.