STF forms majority to acquit homeless man arrested by 8/1

The Federal Supreme Court (STF) formed a majority of votes, on the night of this Thursday (14), to acquit Geraldo Filipe da Silva, a homeless man accused of participating in the acts of January 8, 2023. This is the first time that the majority of ministers vote to reject a complaint from the Attorney General’s Office (PGR) against someone accused of the attacks on the headquarters of the Three Powers.

Silva previously worked as a locksmith, but was homeless on the day of the events. He spent almost 11 months imprisoned in the Papuda Penitentiary Complex, in the Federal District. In November last year, Moraes accepted a new statement from the PGR and placed Silva on provisional release with the use of an electronic ankle bracelet.

During investigations, the locksmith stated that he joined the group that invaded public buildings out of curiosity. At the time, he was arrested for allegedly setting fire to a vehicle. The PGR accused him of the crimes of criminal association, violent abolition of the Democratic Rule of Law, coup d’état and qualified damage to the Union’s property.

The defense presented a report from the Federal Police to the PGR that denies Silva’s participation in the acts of vandalism. Lawyer Tanielie Telles even highlighted that he is a voter of President Luiz Inácio Lula da Silva (PT) and “happily participated in the inauguration of the current president, never voted for or supported former president Jair Bolsonaro” and, therefore, “was not a protester on 01/08/2023”.

Last week, the Court began the trial of Geraldo and 14 other defendants in the virtual plenary. The rapporteur, minister Alexandre de Moraes, voted to acquit the locksmith because “there was not enough evidence to convict”.

Moraes’ understanding was followed by ministers Cristiano Zanin, Cármen Lúcia, Flávio Dino, Dias Toffoli and Luís Roberto Barroso. Another five ministers still need to register their votes in the Court’s system. The trial is scheduled to end on Friday night (15).