STF starts trial of those arrested for acts of January 8

The Federal Supreme Court begins, in the early hours of this Tuesday (18), the trial of 100 people denounced for involvement in the acts of vandalism on January 8, in Brasília. The ministers will analyze whether to open criminal proceedings against the accused, that is, whether they will become defendants. Those mentioned in two surveys will be analyzed, one that investigates those who are identified as instigators of the acts, and the other that investigates the actions of those who would be the executors of vandalism actions.

“If the complaints are accepted, they become defendants, and the process will be initiated. In these cases, there will be collection of evidence and testimony from defense and prosecution witnesses. Afterwards, the STF will still have to decide whether to condemn or acquit the accused, which does not have a specific deadline for this to occur”, said the STF, in a note.

The accusations against 100 defendants will be analyzed in the virtual plenary, in which ministers enter their votes in an electronic system, until April 24th. This is the first judgment after the complaints presented to the Court by the Attorney General’s Office (PGR).

Among the accusations presented by the PGR are crimes of attempt to abolish, with serious threat or violence, the Democratic State of Law; coup d’etat; armed criminal association; damage qualified by violence and serious threat, with the use of a flammable substance, against the assets of the Union.

In all, the PGR has already presented 1,390 formal accusations in inquiries that determine responsibilities for “anti-democratic acts”. There are 239 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.

Initially, the STF will judge only the accused who are in prison, and later the other accusations presented by the PGR. According to the call, lawyers and defenders will be able to present oral arguments until 11:59 pm on April 17, informed the Supreme Court. The summons was published last Tuesday (11) in the Electronic Justice Gazette.

Minister Alexandre de Moraes, who is the rapporteur for the investigation, will publish his vote, and ministers will be able to follow the understanding or disagree. 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 whoever is prosecuted, a measure that does not have a specific deadline to occur.

Last Friday (14), Moraes determined that the Federal Police should hear former president Jair Bolsonaro (PL) about the acts of January 8. The minister gave a period of 10 days for the deposition to be carried out. The decision took place in the investigation that investigates the actions of alleged instigators and masterminds of acts of vandalism and depredation that took place in Brasília.

The former president was included in the investigation for sharing, two days after the acts of vandalism, a video questioning, without evidence, the electoral process and the victory of President Luiz Inácio Lula da Silva (PT) in the 2022 elections.