Testimonials supported PF report and arrest of Braga Netto; The overthrow of confidentiality comes one day after a PGR report
The confidentiality of the award-winning denunciation of Lieutenant Colonel Mauro Cid was overthrown by the Supreme Court Minister Alexandre de Moraes on Wednesday (19.Fev.2025). Read the full statements released until this afternoon:
- 28.ago.2023 ( – 4 MB);
- 11.mar.2024 ( – 13 MB);
- 9.abr.2024 ( – 3 MB);
- 9.NOV.2024 (- 1 MB);
- 5.DECE.2024 ( – 3 MB);
- 6.Dens.2024 – ( – 1 MB).
As new documents are made available by the Court, this report will be updated.
The decision to make them public came a day after the PGR (Attorney General’s Office) denounce the former president (PL) and 33 more in the inquiry that investigates a coup plan in 2022, in order to prevent the possession of the President -elect (PT).
Cid gave the 1st testimony in the PF (Federal Police) award -awarded denunciation process in August 2023. This document was obtained by the newspaper Folha de S. Paulo and released by columnist Elio Gaspari on January 25, when he was still kept confidential. Now it has been officially available.
On November 21, 2024, the former joint order gave a new testimony because of “Contradictions” Among his speeches and PF investigations into the plan to kill Minister Alexandre de Moraes. The new content, even, based the arrest of the General Walter Braga Netto, who was Minister of Defense and candidate for deputy on Bolsonaro’s plate in 2022.
The PF reported that one of the first indications that Moraes was being monitored in post-elections of 2022 were obtained from Mauro Cid’s mobile data. Collaboration and materials seized with former joint orders against Bolsonaro.
PGR complaint
In addition to Bolsonaro and Cid, Braga Netto is among those reported by PGR. The complaint, however, does not mean that the former president will be arrested, or that he is already considered guilty by the court. What the PGR presented in the STF survey validated the performance and the PF report. In this case, the accused have not yet become defendants and remain as investigated.
The evidence against those involved were obtained by the corporation over almost 2 years, through breaks of telematic, telephone, banking and fiscal secrecy, as well as award -winning collaborations, searches and seizures.
Below are the crimes by which those involved were reported and the foreseen penalty:
- violent abolition of the Democratic Rule of Law – 4 to 8 years in prison;
- coup d’etat – 4 to 12 years in prison;
- Integrate criminal organization with firearms – 3 to 17 years in prison;
- Qualified damage against Union’s heritage – 6 months to 3 years; and
- DECLARED OF HERITAGE – 1 to 3 years.
Next Steps
The complaint was sent to the STF.
Now the minister should decide whether to accept the complaint (fully or in part) or if the case is archived. It must also submit the decision to a board. You can still ask for changes to consider the piece incomplete or understand that it does not correspond to the law.
This stage involves hearings with accused and new interrogations. The criminal procedural code obliges the judge to conduct his own investigation and call witnesses and corridors.
After the requirements and steps and, proving the evidence found by the PF, those involved have become defendants and will be responsible for a public criminal action – may be convicted or acquitted. In this phase the final allegations are made and the Court gives a decision on the penalties of each of those involved.
The Supreme Court may still send the case back to the first instance – in this case, a possible prison of Bolsonaro would be longer. This possibility can be raised by members of the board, since Bolsonaro no longer has a privileged forum and, therefore, could have the case judged by a Federal Court.
A is that Moraes take the case to be analyzed by the 1st Panel of the Court, composed by ministers Cristiano Zanin, Cármen Lúcia, Luiz Fux, Moraes and Flávio Dino. It is up to the rapporteur, however, to make this decision.
The Code of Criminal Procedure determines a period of up to 15 days for the assessment of the complaint by the instance that will judge it. In the evaluation of experts heard by the Poder360the proximity of the complaint with the holidays of Carnival, Easter and work can cause the deadline to be extended.
An eventual conviction of Bolsonaro and consequent loss of political rights due to the crimes to which it is accused will only be possible after a condemnatory criminal sentence that became res judicata, that is, when there is no possibility of appeal. Until then, however, the former president remains ineligible by decision of the TSE (Superior Electoral Court) of 2023.
Slicing
PGR opted to “Slice” the complaint in 5 parts. Although the PF has presented 1 single report with all accused for the same crimes, the Attorney’s Office has decided to separate criminal actions, which should be analyzed separately.
According to this digital newspaper, the maneuver allows the different evidence and facts to be produced in the new hearings and diligences, but with the same people. If a penalty is applied to the crime of criminal association, for example, slicing can make it difficult to connect the defendants, which would be separated into different proceedings. The risk, in this case, is of incongruities and nullity of the criminal action.
MILITARY
In relation to the military involved, they should be tried by the Common Justice. An eventual transfer of the process to military justice is unlikely, since the crimes for which they were reported are typically civilians.
In addition, the performance of the officers took place while “Public officials”more than during the exercise of military activity. Therefore, the procedural rite must be the same as the other investigated.
The investigation
In November 2024, the PF an operation against suspects of integrating a criminal organization responsible for planning, according to the corporation’s understanding, a coup d’état to prevent the possession of the elected government in the 2022 election.
The agents aimed the so -called “black kids”, a group formed by the special forces military. They investigated an execution plan against President Luiz Inacio Lula da Silva (PT) and his deputy, (PSB). The investigated would also have the arrest and execution of Moraes.
At the time, 5 pre -trial detention and 3 search and seizure warrants were issued in Rio de Janeiro, Goiás, Amazonas and the Federal District. Targets had to comply with a number of measures, such as not talking to other investigated, delivering their passports and suspension of public functions.
These were the targets:
- the Executive Secretary of the General Secretariat of the Presidency of Bolsonaro, the reserve general Mário Fernandes;
- Lieutenant Colonel Hélio Ferreira Lima;
- Major Rafael Martins de Oliveira;
- Major Rodrigo Bezerra de Azevedo; and
- Federal Police Officer Wladimir Matos Soares.