See how many people the STF has already sentenced on January 8 – 10/21/2023 – Power

The STF (Supreme Federal Court) has already sentenced 12 people for the coup attacks on the headquarters of the three Powers on January 8, in trials in physical and virtual plenary sessions.

The rapporteur of the cases, Alexandre de Moraes, has proposed sentences ranging from 3 to 17 years in prison. Other ministers have voted for lesser sentences. This Friday (20), the sentences of six convicts were fixed, which were still undefined precisely due to disagreements between ministers over the so-called dosimetry.

At the moment, eight cases are judged virtually in a session that runs until Monday (23) and two more await a decision from the President of the Supreme Court, Minister Luís Roberto Barroso, to be discussed in the physical plenary.

In virtual trials, ministers present their votes in a session that normally lasts a week. Lawyers’ arguments are filed in video form and there is no discussion among court members.

Until the closing, ministers can request a review (more time for analysis), highlighting (taking the case to the physical plenary) or changing their vote. This model was challenged by the OAB in its analysis of the January 8 actions, which considered there to be a violation of due legal process, the adversarial process and the right to defense.

In the trials, the defendants’ lawyers argued everything from the lack of jurisdiction for the accused to be tried in the STF to the lack of individualization of conduct by the Public Prosecutor’s Office.

The first three cases were judged in a physical plenary session, on September 13th and 14th. The majority of ministers classified them as crimes of criminal association, coup d’état, abolition of the democratic rule of law, qualified damage to the Union’s assets and deterioration of listed assets.

A fine of R$30 million was also imposed on everyone for collective moral damages to be paid jointly by those convicted. The crimes were charged by the PGR (Attorney General’s Office).

• Thiago de Assis Mathar, 43, was then sentenced to 14 years in prison, including 12 years and six months in prison. From São José do Rio Preto (SP), he was accused by the Prosecutor’s Office of breaking the police blockade and entering the Palácio do Planalto.

• The third defendant tried, Matheus Lima de Carvalho Lázaro, 24, from Apucarana (PR), who was also in Congress, was sentenced to 17 years in prison.

In the plenary trial, Aécio Pereira’s lawyer, Sebastião Coelho da Silva said that Moraes is suspected of judging the case, that he should not participate in the analysis of the action and that the process is political. Thiago Mathar, during the process, claimed that he joined Planalto to take shelter from the violent conflict in the vicinity of the building.

Then, five cases were put up for trial in a virtual plenary session, but Minister André Mendonça asked for two of them to be analyzed physically, and the analysis was interrupted. There is still no date for the return.

• Moacir José dos Santos, 52, from Foz do Iguaçu (PR), arrested inside the Palácio do Planalto at the time the coup acts were taking place, was sentenced to 17 years in prison.

• Davis Baek, 41, was arrested in Praça dos Três Poderes with two firecrackers, a tear gas projectile, rubber bullet, pocket knives and knives. He is a resident of São Paulo and was sentenced to 12 years.

• João Lucas Vale Giffoni, resident of Brasília, was accused of breaking into Congress and breaking windows, mirrors, glass doors, furniture, trash cans, computers, information totems, works of art, porticoes, closed circuit TV cameras, carpets, equipment security guard and a Jeep vehicle. His sentence was 14 years in prison.

At the trial, Moacir dos Santos’ defense questioned the STF’s competence to judge actions regarding January 8th against people without special jurisdiction. One of those responsible for the defense of João Lucas Valle Giffoni, lawyer Reilos Monteiros, initially stated that he did not see equal conditions between the defense of those who had the right to face-to-face support, which was the case of the first three defendants.

In another virtual plenary session, which ended on Tuesday (17), six people were convicted. Moraes proposed sentences ranging from 14 to 17 years, but part of the court disagreed with the punishment. Given the differences, the penalties applied to the group were announced this Friday.

• One of those convicted is Reginaldo Carlos Garcia, from Jaguariúna (SP), arrested inside the Senate plenary. The rest were arrested red-handed inside the Palácio do Planalto, while the depredations were taking place.

• They are: Édineia Paes da Silva dos Santos, from Americana (SP), Marcelo Lopes do Carmo, from Aparecida de Goiânia (GO), Jaqueline Freitas Gimenez, from Juiz de Fora (MG), Claudio Augusto Felippe, from the city of São Paulo , and Jorge Ferreira, from Miracatu (SP).

Ferreira is the only one in the group who ended up sentenced to 13 and a half years in prison. The sentence set for the others was 16 years and six months.