The general’s arrest increased pressure on the Attorney General’s Office (PGR) to file a complaint against the president and the other 39 defendants in the coup attempt investigation as quickly as possible.
According to the rules set out in article 46 of the Code of Criminal Procedure (CPP), “the deadline for filing a complaint, with the defendant in prison, will be 5 days, counting from the date on which the body receives the records of the police investigation, and from 15 days, if the defendant is released or bailed.” A has already received the investigation files.
The spirit of the law is not to leave a person imprisoned for an indefinite period of time without being charged — in this case, without at least filing a complaint.
Braga Netto for trying to obstruct investigations into an attempted coup. There is no end date for your detention.
The arrest of the soldier increases the expectation, among lawyers and in the Federal Supreme Court (), that the complaint will be presented without delay by the attorney general, .
Despite the pressure, the fact that he fails to comply with the five-day deadline cannot lead to punishment.
Decisions that formed the jurisprudence of the Superior Court of Justice (STJ) established that the five-day deadline can be considered inappropriate in exceptional cases, when it can then be extended.
This occurs when the case is complex and has many defendants, for example. The illegality resulting from inertia in filing the complaint is not characterized, therefore, exclusively by exceeding the time provided for in the CPP, but also by principles of reasonableness and proportionality, linked to the specific case under analysis.
The attorney general, therefore, could be justified in further delay. He has adopted a cautious tone and mobilized other prosecutors to study the investigation in detail before the outcome of his work in the case.
In the Judiciary itself, however, it is expected that it will be presented in the first two months of 2025, as soon as the Judiciary returns from recess.
com KARINA MATTIASS, LAURA INTREERI e MANOELLA SMITH
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