Trial in virtual session began last Friday (8), and is expected to end next Monday (18)
The First Panel of the Federal Supreme Court () formed a majority to maintain the preventive detention of the counselor at the Rio de Janeiro Court of Auditors () . He is accused of being one of those behind the murder of the former Rio councilor (PSOL), which also resulted in the death of driver Anderson Gomes, both executed in March 2018. The trial in a virtual session began last Friday (8 ), and is expected to end next Monday (18). The defense’s request attempted to reverse the arrest, ordered in March this year, for alternative measures. Among the arguments are that the arrest was based on accusations of events that occurred seven years ago, which would not justify the “extreme measure”.
The defense also argued that, with the end of the hearing of the prosecution witnesses and the examination of several defense witnesses, the arrest was unnecessary. The lawyers also highlighted that the defendant has been imprisoned for more than six months in a federal penitentiary 3,500 kilometers from his home and family, based on the plea bargain of the shooter, the former military police officer. The complaint was received by the First Panel in June, and initiated criminal proceedings for criminal organization and homicide. The minister, rapporteur of the case, registered his vote with a favorable understanding of maintaining the prison.
Ministers Flávio Dino, Cristiano Zanin and Cármen Lúcia accompanied the rapporteur, with only minister Luiz Fux remaining to register the vote in the virtual session. Moraes refuted the defense’s allegations, stating that the decision to maintain preventive detention is supported by solid legal grounds and in accordance with the Court’s jurisprudence. The minister highlighted the “social danger and the seriousness of the conduct attributed to the defendants”, and pointed out the presence of elements that indicate that Brazão acted to obstruct the investigations, facts that are being investigated independently in another investigation.
“It is also important to note the link between the defendants, especially João Francisco Inácio Brazão and Domingos Inácio Brazão, with the militia of the State of Rio de Janeiro, in the terms narrated by the police authority and the Attorney General’s Office, especially if considered the political and financial power that they still hold, all demonstrating high danger.” The investigation conducted by the Federal Police led to the arrest of Domingos, his brother, federal deputy Chiquinho Brazão (no party-RJ) and Rio de Janeiro Civil Police delegate Rivaldo Barbosa.
The preventive detention of the three was renewed in September by Moraes. The Penal Code determines that judges analyze these arrests every 90 days, to check whether it is necessary to maintain them. The investigations showed that the motivation for the murder was Marielle’s actions as a parliamentarian on the land issue in communities in Jacarepaguá, which contradicted the Brazão brothers’ land grabbing interests in the region. The area is dominated by militias, where a significant portion of the Brazão electoral base is concentrated. The then councilor would have asked the population not to join new subdivisions located in these areas.
*With information from Estadão Conteúdo
Published by Matheus Lopes
