The Superior Military Court (STM) received a profusion of cases against minister Alexandre de Moraes, of the Federal Supreme Court (STF), in the last months of the government of former president Jair Bolsonaro (PL), when he had already been defeated in the elections 2022. The STM is the highest body of Military Justice.
The Court does not have the power to judge STF ministers, but Bolsonaro’s supporters have been seeking, unsuccessfully, to “circumvent” the impediment.
At least one of the actions was filed in the name of the former president, without his consent. Between processes, such as habeas corpus and crime news, and appeals, there were at least 20 offensives against the minister.
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The cases have been systematically rejected, without analysis of their merits, because they fall outside the scope of the Military Justice.
The ministers recognize that the matter is “foreign” to the competence of the STM.
The actions challenge Alexandre de Moraes’ decisions and some even called for the minister’s arrest alleging that he abused his authority, subjected Bolsonaro supporters to illegal constraints and committed crimes against national security and the political and social order.
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The lawsuits question the conduct of the 2022 elections, organized by Alexandre de Moraes, who was in charge of the Superior Electoral Court (TSE), and subsequent decisions by the minister involving the camps set up near Armed Forces facilities.
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Investigations on January 8, 2023 demonstrated that these camps served as a stage for the preparation of violent acts in Praça dos Três Poderes and the bomb attack near Brasília airport (DF), on Christmas Eve 2022.
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Prosecutor Wilson Issao Koressawa, retired from the Public Ministry of the Federal District, sponsored several cases, some registered in his own name and others as a representative of third parties. The actions were repeatedly rejected.
One of them was a habeas corpus to try to free pastor José Acácio Serere of Law”. The arrest triggered a series of acts of vandalism in Brasília on December 12, 2022.
Lawyers Carlos Alexandre Klomfahs and Arthur Hermógenes Sampaio Júnior also tried to reverse Alexandre de Moraes’ decisions at the Superior Military Court and were frustrated.
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Carlos Klomfahs is the author of several requests in favor of allies of former president Jair Bolsonaro before the STF. When presenting the processes, he states that he acts “on behalf of Brazilian society”.
The lawyer’s initiatives were also blocked in the Supreme Court. The list includes requests for safe conduct for Bolsonaro, former Minister of Justice Anderson Torres and Lieutenant Colonel Mauro Cid, as well as habeas corpus for Bolsonaro supporters arrested in the act on January 8th.
– 25 of them Armed Forces officers – for their involvement in a coup plot revealed that the group expected some support or “legal framework” from the STM.
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STM denies involvement
The Superior Military Court vehemently denies involvement with the coup groups. The Court states that there are no records of visits by any of those involved to offices or the court presidency.
In a note, the STM also said that “any allegation or initiative that deviates from constitutional principles or attributes to the Court functions outside its legal competence is incompatible with the role of this institution and is not known to this Presidency”.
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