STF makes 200 more defendants denounced for 8/1 attacks – 05/03/2023 – Politics

The STF (Federal Supreme Court) decided to make defendants over 200 accused of participating in the coup attacks of January 8, in the second analysis of cases, concluded this Tuesday (2). In addition to the first wave of judgments in the case, the court has already opened 300 criminal actions against those suspected of acting in the acts.

The trial began in the virtual plenary with the vote of the rapporteur, Minister Alexandre de Moraes, who maintained the existence of just cause for the opening of action against all the accused.

Moraes was accompanied by ministers Dias Toffoli, Edson Fachin, Cármen Lúcia, Luiz Fux, Luís Roberto Barroso, Gilmar Mendes and Rosa Weber.

The two nominees of former president Jair Bolsonaro (PL) at the court, ministers Kassio Nunes Marques and André Mendonça, partially disagreed. Both understand that the Supreme Court should reject complaints against the people identified as inciting the acts.

Another 250 complaints will be judged between the early hours of this Wednesday (3) and 11:59 pm on the 8th. With this, the Supreme Court will reach 550 cases analyzed. In all, 1,390 people were denounced by the PGR (Attorney General of the Republic) for involvement in the attacks.

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.

The two ministers appointed by Bolsonaro also understand that the competence to analyze the cases does not belong to the Supreme Court.

In his vote, Moraes stated that half of those denounced, as pointed out by the PGR, were part of the nucleus responsible for carrying out material attacks against the headquarters of the three Powers.

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

He also maintained that there was an interest, during the acts, in encouraging the Armed Forces and the population to seize power and subvert the political and social order, also generating animosities between the military and republican institutions.

The minister added that there are no doubts about the competence of the STF to analyze the complaints and to prosecute and judge criminal actions.

A first group of 100 people indicted for involvement in the January 8 attacks were reviewed at trial last week. At the time, the majority of the STF decided to open criminal proceedings — Kassio and Mendonça also presented partial disagreements.

In statements about the case, the PGR said there was evidence to support the accusation, such as images, messages and testimonies that reveal that there was a stable and permanent situation of an association formed by hundreds of people to attack the institutions.

Lawyers and public defenders 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”.

“The accusatory statement set out in a clear and comprehensible manner all the required requirements, and the statement of facts was coherent, allowing the accused to understand the imputation and, consequently, the full exercise of his right of defense, as required by this court”, he wrote.

He also repeated the passage used in the vote to make the first 100 defendants defendants, stating 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 the perpetuity of these requirements”.