Nunes Marques disagreed with the rapporteur Alexandre de Moraes in the inquiries that investigate the supposed instigators and executors of the acts of 1/8.| Photo: André Borges/EFE

Minister Nunes Marques, of the Federal Supreme Court (STF), voted against making defendants denounced by the Attorney General’s Office (PGR) in the inquiry that investigates the alleged instigators of the acts of January 8 in Brasilia, in judgment in the virtual plenary since Tuesday (9). In the vote delivered on the night of this Friday (12), the magistrate differed from the rapporteur Alexandre de Moraes and said that there are no elements that point to them as participants in the invasions of the headquarters of the Three Powers.

“I note, from the outset, by way of introduction, that the complaints offered within the scope of the present inquiry are restricted to the demonstrators who were at the Army Headquarters in Brasília and remained there, with no elements to point out that they had participated in the acts of vandalism occurred in Praça dos Três Poderes on January 8, 2023”, said the minister right at the beginning of the vote (see in full).

On the other hand, Nunes Marques followed with reservations Moraes’ vote to make defendants accused in the investigation that investigates the alleged executors of the invasion of the headquarters of the Three Powers. However, it differed from the competence of the STF to judge people who do not have a privileged jurisdiction and who were included in the complaints – the magistrate asked that the cases be sent to the Federal Court of Brasília (see in full).

With Nunes Marques’ decision, the voting score is 5 to 1, with ministers Alexandre de Moraes, Dias Toffoli, Rosa Weber, Cármen Lúcia and Gilmar Mendes voting in favor of the accusations. This is the fourth block of denounced by the PGR judged in the virtual plenary of the STF, which has already determined by a majority to make another 550 people defendants for inciting and executing the acts of January 8.

The trial of this fourth block of people denounced by the PGR is open until Monday night (15). On Tuesday (16), the STF begins the analysis of the fifth block, with another 250 people.