PGR proposes to the STF agreement for more than a thousand investigated on 1/8

The Attorney General’s Office (PGR) sent to the Federal Supreme Court (STF), this Monday (14), final allegations regarding 45 complaints filed against those accused of the acts of January 8. At the demonstration, the agency also says that it is possible to sign a Criminal Non-Prosecution Agreement (ANPP) for part of the defendants who respond for participation.

In all, the PGR denounced 1,156 people who were camped in front of the Army headquarters, in the federal capital, where most of them were arrested the day after the vandalism episodes. The penalties provided for the crimes imputed to those involved do not exceed 4 years of imprisonment, which makes it possible to reach an agreement between the defendants and the Federal Public Prosecutor’s Office.

According to Deputy Attorney General Carlos Frederico, the MPF is not opposed to offering a settlement to the defendants. For this, however, it is necessary for the STF to recognize the formal possibility of carrying out the ANPP in criminal actions referring to the crimes described in the complaints already received by the Supreme Court (of medium offensive potential, especially those that have the signed accusation of art. 288 with article 286, sole paragraph, of CP).

In the demonstration, the sub-prosecutor reinforced that, with the progress of the investigations, it was not proven that these accused participated in a personal and direct way in the attacks on the headquarters of the Three Powers of the Republic. “In this new perspective, there is no incongruity in the position of the holder of the criminal action, precisely because the modification of the evidentiary scenario and the dissipation of the threats to the Democratic State of Law allow to conclude that the Criminal Non-Prosecution Agreement can prove to be sufficient, in the current stage, for the disapproval and prevention of the crimes under analysis”, says the coordinator of the GCAA, in one of the excerpts of the demonstration.

In the document, Carlos Frederico points out that both the Federal Supreme Court and the MPF have consolidated the understanding that the agreement of non-criminal prosecution is possible even after receiving the complaint, in ongoing processes when the Anti-Crime Package came into force, provided that the objective and subjective requirements provided for by law are present. He also states that regarding the OAB’s request, it is important to carry out an “analysis of the criminal event involving the facts and circumstances that generated it, in order to reveal whether the agreement is sufficient for the disapproval and prevention of the crime”.

The sub-prosecutor asks that, if the possibility of closing the ANPP is accepted by the Supreme Court, the criminal actions that originated in Inquérito 4.921 be suspended for 120 days.