General Walter Braga Netto was preventively arrested this Saturday (14) by the Federal Police (PF).
A , do Supremo Tribunal Federal (STF).
Preventive detention is a precautionary measure decreed by the Court during the investigation phase or during the course of a criminal proceeding, with the aim of ensuring the regular progress of investigations and avoiding harm to the case.
This modality aims to prevent the accused from committing new crimes or harming the progress of the process, destroying evidence, threatening witnesses or fleeing.
Preventive detention can be ordered at any stage of the investigation in situations provided for in the Criminal Procedure Code (CPP), such as:
- Guarantee of public or economic order: to prevent the accused from committing new crimes or causing social instability
- Convenience of criminal instruction: to prevent the person being investigated from hindering the collection of evidence or threatening witnesses
- Ensure the application of criminal law: to prevent the accused from fleeing before trial
- Legal requirements: there must be sufficient evidence of authorship and materiality of the crime, in addition to the arrest being necessary and proportionate
Although there is no set deadline for it to end, preventive detention must be re-evaluated by the Court every 90 days, to check whether it is still necessary.
In the case of Braga Netto, the Federal Police argued that his freedom could pose a risk to public order, as he would be able to commit new acts that could interfere with the investigation.
According to Moraes’ decision, the general is suspected of trying to obtain information from the plea bargain of Lieutenant Colonel Mauro Cid, Bolsonaro’s former aide-de-camp, “with the purpose of obstructing the investigations”.
The minister also stated that he identified “the presence of the necessary and sufficient requirements for the decree of preventive detention of the person being investigated” both to guarantee public order and to ensure the application of criminal law.
Defense
The general’s defense stated that . Braga Netto’s lawyers released a statement this Saturday (14).
Also according to the note, the lawyers said they had “partial” knowledge regarding the investigation that led to the general’s arrest.
“It is noted that the Defense will make a statement in the case after being fully aware of the facts that gave rise to the decision made”, adds the note.
