STF grants provisional release to former PMDF commander

Investigation

The former PMDF commander had been arrested since January 10 by order of Moraes for alleged omission or connivance in the acts

Brasilia DF) – The Minister of the Federal Supreme Court (STF) Alexandre de Moraes granted, this Friday afternoon (3), provisional release to the former commander of the Military Police of the Federal District (PMDF), Fábio Augusto Vieira. Determined by Moraes, the officer was arrested on January 10, for alleged omission or connivance in the acts of January 8.

In the decision, the magistrate grants freedom to the former commander, but prohibits him from leaving the Federal District without prior communication to the Supreme Court. In case of non-compliance, Fábio may be arrested again.

The defense of the former commander asked, on January 31, for the release of the soldier after the release of the report by the public security intervenor in the Federal District, Ricardo Cappelli. The document detailed and pointed out conclusions regarding the violent attempted coup d’état in Brasilia.

Moraes stressed that, based on the report, it was clear that Vieira had no direct responsibility for the failure to act against the acts.

“Although he held, at the time, the position of General Commander of the Military Police of the Federal District, he would not have been directly responsible for the failure of the security actions that resulted in the criminal acts now investigated, in addition to pointing out that the investigated person was present in the operation, was injured in direct combat with the demonstrators and did not have his requests for reinforcements answered”,

argues the minister.

“Therefore, based on the preliminary investigations carried out by the intervenor in the Public Security area of ​​the Federal District, the procedural panorama that justified the preventive detention of the investigated person no longer exists at the present time, and it is possible to grant him provisional release, since the essential in relation to individual freedoms, especially the freedom to come and go, it is not only its formal proclamation in constitutional texts or in the declarations of rights, but the absolute necessity of its prompt and effective consecration in the real world, in a practical and efficient way, from a fair and reasonable compatibility with the other fundamental rights of society, in order to allow the effectiveness of Criminal Justice”, says Moraes in the decision.

The military’s defense, in turn, spoke about the release: “Democracy is rooted and materialized in institutions that do not compromise with its fundamental operating force. In this sense, the decision of Minister Alexandre and the [Supremo Tribunal Federal] STF”.

release request

Imprisoned by order of Moraes since January 10th, for alleged omission or connivance in the terrorist acts of January 8th, Vieira claimed in his request for release that the report on the attacks itself proved his innocence.

“There are several arguments that are supported by the evidence gathered by the intervenor’s report. The verification of the facts does not allow for another legally justified decision other than the revocation of the arrest of Colonel Fábio Vieira”,

declared at the time Thiago Turbay, the former commander’s lawyer.

In the release request, the defense also mentioned that the policeman was personally trying to prevent the invasion of the buildings of the National Congress, STF and Palácio do Planalto. Vieira was even wounded in the head by the demonstrators. In images, the colonel appears bleeding in the region of the face.

*With information from Metrópoles

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