STF forms majority to make defendants over 245 denounced for coup attacks of 8/1 – 05/15/2023 – Politics

The STF (Federal Supreme Court) formed a majority to make defendants over 245 denounced after the coup attacks on the headquarters of the three Powers on January 8, this Monday.

The understanding of the rapporteur Alexandre de Moraes followed the ministers Dias Toffoli, Rosa Weber, Cármen Lúcia, Gilmar Mendes and Edson Fachin.

The two appointed by former President Jair Bolsonaro (PL) to the court, Kassio Nunes Marques and André Mendonça, partially disagreed.

This is the fourth analysis of cases referring to the attacks. The trial, which takes place in the virtual plenary of the court, ends this Monday (15).

So far, 550 people have already become defendants in the Supreme Court due to coup acts. The court opened 100, 200 and 250 criminal actions, respectively, against those accused of the acts.

Among the cases analysed, are accused of being executors and masterminds of attacks on the Supreme Court, Congress and the Planalto Palace.

In all, 1,390 people were denounced by the PGR for involvement in the attacks. In statements about the case, the Attorney General’s Office stated that there was a set of evidence to support the accusation, such as images, messages and testimonies.

The material reveals that there was a stable and permanent situation of an association formed by hundreds of people to attack the institutions.

Part of the group is accused by the Attorney General’s Office of inciting the animosity of the Armed Forces against the Powers, and of criminal association. They were arrested on the morning of January 9th in the camp set up in front of the Army headquarters in Brasília and are part of the so-called inciter group, with no direct involvement in the vandalism of buildings.

Already against the group of executors of the acts weigh the accusations of damage to the public property, criminal association, violent abolition of the democratic rule of law and coup d’état. These were arrested on the premises and in the vicinity of the headquarters of the three Powers

In his vote, Moraes justified that the conduct and demonstrations are unconstitutional and have the “clear purpose of controlling or even annihilating the strength of critical thinking, indispensable to the democratic regime”.

He also mentioned that the acts were intended to destroy republican institutions, “preaching violence, arbitration, disrespect for the separation of powers and fundamental rights”

“In short, pleading tyranny, arbitrariness, violence and the breach of republican principles, as verified by the criminal manifestations now imputed to the accused”, he said, in one of the cases.

The ministers who followed Moraes only voted in favor of the rapporteur, without attaching arguments.

The two ministers appointed by Bolsonaro argue that the competence to analyze the cases does not belong to the Supreme Court. They also understand that the STF should reject complaints in cases of people identified as inciting the acts.

In the judgment of the first group of accused, Kassio also placed a series of reservations in relation to the accusations offered against the alleged executors of the attacks.

Lawyers and public defenders also allege, among other arguments, the ineptitude of the complaints, stating that they are devoid of their elementary requirements, including the description of the criminal act with all its circumstances.

In his decision, Moraes refuted this thesis and said that, in crimes of this nature, “the detailed individualization of conduct encounters insurmountable barriers due to the collective nature of the conduct”.

He said there was no doubt, however, that everyone contributed to the result, “behold, it is a joint action, perpetrated by numerous agents, directed to the same end”.