STF has majority to make 100 defendants denounced by 8/1 – 04/19/2023 – Power

The STF (Federal Supreme Court) formed a majority on the night of this Wednesday (19) to make one hundred defendants accused of participating in the coup acts of January 8.

Minister Luís Roberto Barroso aligned with the understanding of the rapporteur, Alexandre de Moraes, and voted in favor of opening the criminal action, as well as ministers Dias Toffoli, Gilmar Mendes, Edson Fachin and Cármen Lúcia. With that, there are already six votes for the initiation of the processes, out of a total of ten possible.

This is the first wave of trials of the 1,390 people denounced by the PGR (Attorney General’s Office) for participating in the attacks. The analysis began to be carried out in the virtual plenary of the court on Tuesday (18), with a forecast to end next Monday (24).

Rapporteur of the investigation, Moraes maintained the existence of just cause for the opening of criminal proceedings against all the accused, divided between executors and masterminds of the acts. In practice, the defendants become defendants.

At the request of the minister, the president of the Supreme Court, Rosa Weber, has already guided the analysis of a second package of accusations by the PGR. The trial will begin next Tuesday (25).

In his vote, the minister’s rapporteur stated that part of the denounced, as pointed out by the Attorney General’s Office, were part of the nucleus responsible for carrying out the material attacks against the headquarters of the three Powers.

According to Moraes, others joined, through a stable and permanent structure set up in front of the Brazilian Army Headquarters, “to the criminal desires of the other co-authors, with the aim of abruptly modifying the current regime”.

Still according to the demonstration, there was also an interest in encouraging the Armed Forces and the population to take power and subvert the political and social order, also generating animosities between the military and republican institutions.

Moraes reiterated that there are no doubts about the competence of the STF to analyze the complaints and, if they are received, to prosecute and judge subsequent criminal proceedings.

According to him, it is evident that there is a connection between the conduct of the accused and those investigated for participating in acts with jurisdictional prerogatives, such as deputies André Fernandes (PL-CE), Clarissa Tércio (PP-PE), Silvia Waiãpi (PL- AP) and Colonel Fernanda (PL-MT).

Moraes also cited a connection with the fake news and digital militia inquiries, in progress at the STF and whose stakeholders also have forum prerogatives, such as Senator Flávio Bolsonaro (PL-RJ) and Deputy Eduardo Bolsonaro (PL-SP), sons of former President Jair Bolsonaro (PL).

In voting on the 8/1 accusations, the magistrate considered the conduct extremely serious and corresponding, at least in a preliminary analysis, to the primary precepts established in articles of the Penal Code.

“Both are unconstitutional conducts and demonstrations that have the clear purpose of controlling or even annihilating the strength of critical thinking, indispensable to the democratic regime, as well as those that intend to destroy it, together with its republican institutions, preaching violence, arbitrariness, disrespect to the separation of Powers and fundamental rights”, argued the minister.

He also wrote that “there will not be a democratic State of Law without State Powers, independent and harmonious among themselves, as well as provision of fundamental rights and instruments that enable the inspection and perpetuity of these requirements”.

Half of the group (50 people) targeted by this first analysis is accused by the Attorney General’s Office of inciting the animosity of the Armed Forces against the Powers and criminal association.

The accused were arrested on the morning of January 9 in the camp set up in front of the Army headquarters in Brasília. These defendants make up what is called by the Attorney General’s Office a group of inciters, with no direct involvement in the vandalism of the buildings.

Against the other 50 people, in the group of executors, weigh the accusations of damage to 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.

Moraes decided to prioritize the trial of complaints relating to those who remain in prison. By his determination, 313 people are kept behind bars. All had arrest in flagrante delicto converted into preventive by the minister.