STF makes 200 defendants for acts of 8/1 and begins to judge 250 more defendants

The ministers of the Federal Supreme Court (STF) began to judge in the early hours of this Wednesday (3) another 250 people denounced by the Attorney General’s Office (PGR) for alleged involvement in the acts of January 8, shortly after concluding the judgment of others 200 in the virtual plenary that started last week.

The last vote was given by Minister Nunes Marques in the final moments of the trial, in which he disagreed with the rapporteur Alexandre de Moraes in the inquiry that investigates the alleged instigators of the acts that were camped in front of the Army Headquarters, in Brasília (4921), but accompanied with reservations regarding the executors detained in the vicinity and at the headquarters of the Three Powers (4922). Same decision as André Mendonça, given shortly before.

With the ministers’ final decision, the STF formed a majority by making the 200 accused defendants, with favorable votes from Moraes, Dias Toffoli, Edson Fachin, Cármen Lúcia, Luiz Fux, Roberto Barroso, Gilmar Mendes and Rosa Weber.

Already the third set of denounced by the PGR that began to be judged in the early hours of this Wednesday (3), Minister Alexandre de Moraes voted to make another 250 defendants for their alleged participation, also in the investigations that investigate the instigators and executors of the acts.

As in the last two judgments, Moraes claims that the PGR proved the practice of “multitudinous crimes”, that is, those committed by a large number of people with a “subjective bond” of action by “imitation or suggestion”.

“The Public Prosecutor’s Office even points out that all ‘acted in conjunction with people, united by the subjective bond for carrying out the common work, and should be strictly held responsible for their acts in equal measures’”, he wrote in the vote.

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 rapporteur minister for the investigations mentioned, in one of them, that those accused of 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 intentions of the other co-authors, in order to abruptly change the current regime and the rule of law, to encourage ‘the Armed Forces to take power’ and the population, to subvert the political and social order, also generating animosities between the Armed Forces and republican institutions”.

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 remain detained in the penitentiary system of the Federal District. In all, the PGR has already presented 1,390 formal accusations in the investigations, 239 of which are related to the core of executors, 1,150 in the core of initiators and one in the core that investigates the alleged omission of public authorities in the episode.

There are also two more investigations under way at the STF regarding the acts of January 8, involving the alleged financiers (4920) and State authorities who would have been responsible “by improper omission” (4923), according to Moraes.

The accusations against these 250 defendants are analyzed in the virtual plenary, in which ministers enter their votes in an electronic system, until May 8th. This is the third judgment after the complaints presented to the Court by the Attorney General’s Office (PGR), and the expectation is that the other ministers will follow Moraes’ vote.

In all, the STF has already made 300 defendants denounced by the PGR for involvement in the January 8 acts.