The right will try to prove to the CPMI that there was no coup attempt

More than imputing to the government an alleged omission in the security of Praça dos Três Poderes, the Joint Parliamentary Commission of Inquiry (CPMI) of January 8 could serve to empty the accusation that the demonstrators were effectively trying to carry out a coup d’état. This is the plan of most of the opposition representatives who are part of the collegiate. If they are successful in influencing the final judgment, to be made at the Federal Supreme Court (STF), they could significantly reduce the sentence of the defendants in case of conviction.

To this end, deputies and senators from the right want to give voice to the testimonies of detainees, either directly or through their lawyers, visit prisons and collect elements that can more thoroughly individualize the behavior of part of the demonstrators, so that they are framed more accurately in the crimes pointed out or even cleared.

One of the major problems observed in the complaint filed by the Attorney General’s Office (PGR) is the lack of a detailed description of what each of those investigated did. The accusatory piece is basically the same for the hundreds of accused: the organ narrates what happened on January 8 and characterizes the demonstration that took place in front of the Army Headquarters, in Brasília, as an attempt to incite the Armed Forces to dismiss from power President Luiz Inacio Lula da Silva (PT).

A more detailed and open investigation by the CPMI could support the defense of the defendants, including identifying the real agents who committed or induced extreme acts of depredation. The final objective is to sensitize public opinion to possible injustices in the processes that are being processed against them under the leadership of Minister Alexandre de Moraes.

Defenders heard by the report consider that the commission’s work could be useful in the course of criminal proceedings in the STF. It is within it that the parties will now be able to gather new evidence, deepen the understanding of what happened until the final judgment, which will be made by the 11 ministers of the Court, to condemn, define penalties and acquit any innocent people.

“Separating the wheat from the chaff”

Using the phrase “the search for the truth” as the central theme of their interventions, the opposition congressmen are combining their speeches and their actions in the collegiate to reach objectives, aware of the resistance they are facing from the majority of the 32 members, which is aligned to the government. In this sense, they have already presented dozens of requests focused on the so-called “separation of the chaff (vandals) from the wheat (protesters)”.

The parliamentarians will make it clear that the legal defenders of the accused will be at the forefront of the arguments to individualize the different charges imputed. Of the 1,176 denounced so far, 227 respond for criminal association, violent abolition of the democratic rule of law, coup d’état and qualified damage to public property.

If they are convicted of all these crimes, these people can face sentences that add up to 26 years in prison. If crimes against the democratic rule of law are removed, punishments could be reduced by 20 years. The remaining sentence, which could vary from 3 to 6 years, depending on the framework, could therefore be served in the open or semi-open regime (in which the prisoner can work outside during the day and only sleep in the penitentiary).

According to coordinators of advisory teams consulted by the People’s Gazette, the offices of opposition parliamentarians have been providing full assistance to detainees since January. This support includes visits, forwarding complaints to judicial authorities, requesting hearings, trying to contact lawyers, providing spiritual support and even helping with transportation to other locations after release.

Senator Damares Alves (Republicanos-DF) has concentrated her efforts at the CPMI on providing assistance to detainees, especially women, children and their families. She appeals to the sensitivity of the other women parliamentarians on the commission, especially the rapporteur Eliziane Gama (PSD-MA), to visit the Colmeia female prison in Brasília, listen to reports and allow their lawyers to act. “Out of respect for human rights and solidarity with people who have had their prerogatives violated, I will look to the CPMI for the means to clarify all the facts and avoid injustices,” she said.

Senator Magno Malta (PL-ES), second vice-president of the CPMI, has also focused his speeches on denouncing judicial arbitrariness and the abandonment of thousands of protesters, including the elderly and people with comorbidities. He rejects the idea of ​​labeling these people as scammers or terrorists.

“We are looking for the truth. We will remove dozens of people from the ‘Crime SPC’. There are people wearing electronic anklets who weren’t even at Praça dos Três Poderes on January 8th. That investigations be initiated and that the real culprits be punished”, he emphasizes.

Senator Jorge Seif (PL-SC) believes that the search for the truth defended by the opposition does not prevent criminals from being held accountable for their actions on January 8th. However, he sees the efforts of the parliamentary minority in overcoming resistance from government supporters as a way to help pacify the country after the episodes and allow the defense to play its role within a democracy. Seif bets on the preparation of a parallel report if the trend is confirmed that the rapporteur Eliziane Gama does not address the aspects that the opposition wants to clarify.

CPMI may clarify the conduct of those investigated

Despite these efforts, parliamentarians found it difficult to influence the inquiry, which was extremely unusual and rigorous. Its strategy has boiled down to making direct appeals to Minister Alexandre de Moraes and publicly denouncing the abuses found.

For public defender Gustavo de Almeida Ribeiro, who defends most of the defendants, the CPMI may change the understanding of the STF ministers in the final judgment if it better details the conduct of each defendant. “If not all people, at least part of them. There were people who arrived at Praça dos Três Poderes after the confusion. Everything that is produced by the CPMI, and is favorable to the defense, we will try to use it, without a doubt. I hope this is considered yes by the ministers, ”he said.

For lawyer Bruno Jordano, who is part of a group of colleagues that assists 50 defendants, the main interest of the CPMI is to better clarify the conduct. “We hope to separate the wheat from the chaff, to know who was omitted, who participated or not in the depredation, so that they leave the generality and have individualized behaviors. The people who respond to these processes are the most interested, they seek light and publicity about these The investigations were carried out in a confidential manner, and we believe that the CPMI can publicize the facts”, he said.

Regarding the perspective of the government supporters attributing to former president Jair Bolsonaro the role of intellectual mentor of the events of January 8, the opposition has already decided to present as a counterpoint the fact that he was abroad at the time and no longer held the position of president.