The minister, of the (Supreme Federal Court), voted this Friday (8) to sentence 15 people arrested in, in Brasília, on January 9, 2023.
In all cases, Moraes suggested sentencing the defendants for the crimes of gang formation and incitement to crime for creating.
The Supreme Court has already sentenced around 250 people for involvement in the January 8 attacks. Two were acquitted.
Moraes suggested that the defendants tried this Friday have their sentences replaced by restrictive measures.
They are the provision of services to the community for 225 hours; participation in the Federal Public Ministry; ban on using social media and leaving the city in which you live; suspension of passports while they serve their sentences and revocation of firearm possession, if any.
They will also have to pay an individual fine of around R$13,000 and another, for collective moral damages, of R$5 million — this last compensation will be paid voluntarily by all those convicted.
about the attacks on the seats of Power in the Federal Supreme Court. The votes are submitted to analysis by the court’s virtual plenary, and the trial must continue until November 18.
The reports presented by the minister show that there is no evidence of participation by those investigated in the vandalism of public buildings on January 8th. The fact that everyone was arrested in the coup camp on the morning of the day after the attacks, however, is used as an argument for conviction.
The minister repeats excerpts in all votes. In one of them, Moraes says that the crime of inciting the Armed Forces’ animosity against the Powers “was consummated, with free and conscious intention on the part of the defendant, with the public expression of the incitement to the Armed Forces to break the constitutional order, which revealed- essential and decisive for the events of January 8, 2023”.
“It should also be noted that, even after the acts of January 8, 2023, the defendant remained in the camp, resulting in his arrest in the act on January 9, 2023, which reinforces the demonstration of his adherence to the coup purpose and antidemocratic, which aimed to abolish the rule of law”, states the minister in another paragraph that is repeated in all votes.
Moraes also highlights that 443 defendants signed the non-criminal prosecution agreement proposed by the (Attorney General’s Office). The agreement involves the accused person confessing to the crime and, in exchange, paying fines and complying with restrictive measures that are less unfavorable than the penalties of a possible conviction.
The defendants’ defenses were unanimous in stating that the PGR did not individualize the conduct of those investigated and that the acts carried out were not criminal.
On Thursday (7), another 14 people were sentenced by the Supreme Court for participating in the undemocratic acts of January 8. The penalties were the same as those proposed by Alexandre de Moraes in the votes presented this Friday.
