STF starts judging the acts of January 8
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The Federal Supreme Court (STF) began to decide early this Tuesday (18) whether those accused of participating in the coup attacks of January 8 become defendants. In this first phase, the court will review the charges against 100 involved.
There are signs that ministers should open criminal proceedings against supporters of former President Jair Bolsonaro (PL). They were denounced by the Office of the Attorney General of the Republic (PGR) and part of them is still in custody by order of Minister Alexandre de Moraes, rapporteur for the investigation.
Half of the group is accused of inciting the animosity of the Armed Forces against the Powers. Those accused were arrested the morning after the attacks, in the camp set up in front of the Army headquarters in Brasília.
The others are attributed with invading and destroying installations at the headquarters of the Three Powers. This group was arrested on the 8th of January itself, inside or close to the buildings.
The Supreme Court’s analysis will be carried out in a virtual plenary session, a proposal made by Moraes and attended by the president of the court, Minister Rosa Weber.
Oral arguments
In this trial model, lawyers and defenders were able to present oral arguments until 11:59 pm on Monday (17).
Moraes, who is the rapporteur for the investigation, will publish his vote, and ministers will be able to follow the understanding or disagree. They can vote until 23:59 on next Monday (24).
The expectation in the court is that the majority will follow the vote of the rapporteur, who must manifest himself for the opening of criminal actions.
If the complaints are accepted, the accused become defendants, and the process will be initiated. In these cases, material evidence and testimony from defense and prosecution witnesses will be collected.
Afterwards, the court will still have to decide whether to condemn or acquit the person being prosecuted, a measure that does not have a specific deadline to occur.
The trend is for these actions to be kept in the STF, which would prevent them from being stopped and without judgment – or that there are divergent decisions among the judges in the first instance.
Complaints
The complaints include crimes foreseen in the Penal Code such as criminal association, violent abolition of the democratic rule of law and coup d’état.
They are also related to crimes of threat, persecution, incitement to crime and qualified damage. The PGR also cites the crime of deterioration of listed heritage.
Defense
The defense of the accused alleges the ineptitude of the accusations on the grounds that they do not fulfill elementary requirements, such as the description of criminal facts with all their circumstances.
As Folha showed earlier this month, most of Moraes’ decisions to maintain the preventive detention of part of the accused contain repeated excerpts and generic phrases, without going into detail about the acts practiced by each of the detainees.
The public defender of the Union Gustavo de Almeida Ribeiro, who works at the STF, expressed concern about the number of cases put on trial at once.
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