Minister Alexandre de Moraes, of the (Supreme Federal Court), acquitted on Friday (3) a homeless man who was accused of participating in the . Of the more than 1,500 criminal actions related to the ongoing acts, this is the fifth acquittal.
To date, the court has sentenced 375 people involved in the depredation of the headquarters of the three Powers.
“There is no evidence that the accused was part of the criminal association, whether by rioting in the camp erected near the Army HQ, or otherwise contributing to the incitement of crimes and the recruitment of people”, said Moraes, in the decision.
Jefferson França da Costa Figueiredo has been imprisoned since November at the Andradina Penitentiary, in São Paulo, after failing to comply with alternative measures, such as periodic presentation to the Court. Previously, he was arrested on January 9, 2023 in front of the Army Headquarters in the Urban Military Sector, in Brasília.
In December, the (Attorney General’s Office) requested the acquittal of the accused due to the lack of evidence that definitively points to the authorship of the conduct. In the complaint, the accusing body had stated that Jefferson was camped with the group that questioned the result of the 2022 elections.
The Federal Public Defender’s Office had also asked for the arrest to be revoked, stating that the defendant is a wanderer, was in the federal capital while passing through and went to the camp just to get food. The man began to respond for incitement to crime equated to the animosity of the Armed Forces against the Constitutional Powers and criminal association.
According to the minister, the State needs to prove the guilt of each individual.
“The presumption of innocence conditions every conviction to an evidentiary activity produced by the prosecution and strictly prohibits the conviction, in the absence of the necessary evidence, and the State must prove the guilt of the individual, who is constitutionally presumed innocent, under penalty of returning to total discretion “, said Moraes.
During interrogation, Jefferson stated that he has no fixed address, usually stays overnight in hostels, hotels or gas stations and is a beneficiary of the . Regarding the attacks, he said that he went to the camp because free food was offered and that he tried to leave the place but was stopped by the military.
A also went to a homeless man. Geraldo Filipe da Silva had been denounced by the PGR on charges of crimes such as attempted coup d’état and violent abolition of the democratic rule of law and armed criminal association.
He was imprisoned for almost 11 months at the Papuda Penitentiary Complex, in . The trial that acquitted him was held between March 8 and 15 last year in the court’s virtual plenary session.
Geraldo was arrested alongside the group that vandalized the headquarters of the Powers and always said he arrived at the events on the 8th out of curiosity, due to the helicopters that flew over the Praça dos Três Poderes.
