STF begins to judge 70 more denounced by the PGR by 8/1 and Serere Xavante

The ministers of the Federal Supreme Court (STF) began to judge, in the early hours of this Monday (14), the ninth block of denounced by the Attorney General’s Office (PGR) for participation in the acts of January 8 that led to the invasion and depredation of the headquarters of the Three Powers in Brasilia.

There are 70 denounced for alleged incitement or execution of the acts and seven more petitions from people supposedly with some connection with the acts, such as chief José Acácio Serere Xavante, arrested in December after violent protests in the center of Brasília on the day of the inauguration of the then president-elect Luiz Inácio Lula da Silva (PT). The trial takes place in the virtual plenary, where the ministers’ votes are cast without discussion, and runs until Friday night (18).

First to vote in this ninth block of denounced, Minister Alexandre de Moraes, rapporteur of the inquiry, voted to accept the denunciations reaffirming the allegations of the previous judgments, that the so-called “multitudinous crimes occurred, that is, those committed by a large number of people, where the intersubjective bond is significantly amplified, as one agent influences the other, to the point of motivating actions by imitation or suggestion, which is sufficient for the existence of the subjective bond, even if they do not know each other”.

“The Public Prosecutor’s Office even points out that everyone acted in a concurrence of people, united by the subjective bond to carry out the common work, and should be strictly responsible for their acts in equal measures”, he wrote in the votes (see the full text here and here) .

Moraes explained that this stage of the process is restricted to the initiation of criminal proceedings “about the existence of a minimum evidentiary support that evidences the materiality of the crime and the presence of reasonable evidence of authorship, not being present the hypotheses of rejection or summary acquittal”.

And he again cited in the vote the investigation of agents with privileged jurisdiction who would also be involved in the acts, such as federal deputies Clarissa Tércio (PP-ES), André Fernandes (PL-CE), Sílvia Waiãpi (PL-AP), Coronel Fernanda (PL-MT) and Cabo Gilberto Silva (PL-PB).

The minister mentioned, in one of them, that those denounced for inciting acts would have been associated with the crimes “through a stable and permanent structure set up in front of the Brazilian Army Headquarters based in the country’s capital, with the criminal desires of the other co-authors , with the aim of abruptly modifying the current regime and the rule of law, encouraging ‘the Armed Forces to take power’ and the population to subvert the political and social order, also generating animosities between the Armed Forces and institutions Republicans”.

As a result, those cited in inquiry 4921 become defendants for the crimes of incitement to crime and criminal association, while those covered by 4922 were charged with the crimes of criminal association, violent abolition of the Democratic State of Law, coup d’état, damage and damage qualified with violence to the person or serious threat and use of flammable substance against the property of the Union, in addition to destroying, rendering useless or deteriorating property specially protected by law.

Those denounced in this phase were arrested on the same day as the acts and on the following, in the camp set up in front of the Army Headquarters, in Brasília, and part of them are still detained in the penitentiary system of the Federal District.

In all, the STF has already opened criminal proceedings against 1,290 people out of the 1,390 requested by the body.

If the allegations are accepted, those cited become defendants and the process will begin with the collection of evidence and testimonies of witnesses for the defense and prosecution. Afterwards, the STF will still have to decide whether to condemn or acquit the accused, which does not have a specific deadline to occur.