STF makes the first 100 defendants investigated by the acts of January 8

Accused

They will respond for criminal association and property damage

The Federal Supreme Court (STF) made the first 100 defendants involved in the January 8 coup acts defendants. On that occasion, vandals destroyed the headquarters of the Federal Supreme Court (STF), Congress and the Planalto Palace.

With the end of the trial, the accused start to respond to a criminal action and become defendants in the process. Minister Alexandre de Moraes, the rapporteur of the case, will then analyze the maintenance of the prison of the accused who are still being held.

The virtual trial, which began early on Tuesday (18), and would end at 23:59. By 11:30 pm, all ministers had already voted.

The judgment score was finalized with eight votes that fully followed the rapporteur for full receipt of the complaints. Ministers André Mendonça and Nunes Marques partially followed the rapporteur. Due to the retirement of Ricardo Lewandowski, the Court does not have the vote of the 11th minister.

In addition to the rapporteur, Minister Alexandre de Moraes, the Ministers Dias Toffoli, Edson Fachin, Gilmar Mendes, Luís Roberto Barroso, Cármen Lúcia, Luiz Fux and the president, Rosa Weber, voted to receive the accusations made by the Attorney General’s Office (PGR). .

divergences

Minister Nunes Marques disagreed with the other votes to reject 50 complaints against investigated people who were in front of the Army headquarters in Brasília on the day of the coup acts.

For the minister, there is no evidence that the accused participated in the acts of vandalism.

“From everything that has been exposed, I understand that it is not possible to characterize the just cause for the initiation of the criminal action backed by the simple fact that someone is camped or in the vicinity of the Army Headquarters in Brasília, without demonstrating and individualizing even criminal conduct attributed to the denounced”, said the minister.

In the same process, Mendonça also understood that there was no evidence against the accused. “In the present group of fifty complaints, we are not dealing with people arrested on January 8 in Praça dos Três Poderes practicing vandalism”, he added.

Regarding the other 50 investigated, which are part of another trial, Nunes Marques understood that the case should be analyzed by the Federal Court. However, he voted to reject the complaint for the crime of criminal association and accepted it for the crime of damage to the property of others.

In the same process, Minister André Mendonça understood that the complaints should be analyzed by the first instance of Justice, and not by the Supreme Court. However, he voted to make the 50 defendants defendants in the lawsuit.

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After a month, January 8 developments are still far from over