The defense of General Mario Fernandes asked Minister Flávio Dino of the Supreme Federal Court (STF) to be prevented and declare suspicion, that is, partiality to judge the complaint of the Attorney General’s Office (PGR) under the attempted coup of state.
In an interview at CNNlawyer Marcus Vinícius Figueiredo said that Dino’s condition is not “negative”, but that it is “public” that the minister previously headed the Public Justice and Public Security portfolio at the time of the events of January 8, 2023.
“It has a preconception of guilt that the minister, current minister of the Supreme and at the time Minister of Justice [e Segurança Pública]exercised. This prior judgment of culpability that removes it from equidistance, exemption, always with maximum respect, to judge our client, ”he said.
In the document sent to the Supreme Court, the defense recorded the active participation of Dino in the investigation of the event on 8 January, “even being requested by CPMI [Comissão Parlamentar Mista de Inquérito] instituted due to the event ”.
According to the play, the former Minister of Justice and Public Security “proceeded directly with the investigations and issued a value judgment, typifying the facts, thus not gathering the subjective conditions for the impartiality imposed on the judge, given the direct relationship with the facts reported ”.
The lawyers pointed out, in the play, excerpts of interview in which Dino spoke about the events of 8 January, using the words “coup of state” and “terrorists”.
In addition, excerpts from the STF minister saying that there was a plan started “shortly before the election” and articulated until the depredation of the Three Powers Square.
Other requests
Lawyers representing former Minister Walter Braga Netto
According to the defense, as much as Moraes is not a victim in the case, the charges of the PGR and the Federal Police (PF) correlate the attempted insurrection with a plan to kill Moraes, President Luiz Inacio Lula da Silva (PT) and the Vice President Geraldo Alckmin (PSB).
Jair Bolsonaro (PL) lawyers anticipated that. This is because Zanin was Lula’s personal lawyer and because Dino acted as Minister of Justice and Public Security. Both were recommended to the Supreme Court by the current Chief Executive.
Process
The rapporteur of the case in the Supreme Court is Minister Moraes. Now it is up to him to analyze the complaint offered by the PGR and hear the arguments of the 34 indicted in the case.
Later, Moraes will evaluate if the trial is ready to start in the first class of the Court and, there, the ministers will decide whether the accused will become defendants and respond to the court proceedings.
The first class is composed of Moraes and Dino, besides the ministers Cristiano Zanin (president of the class), Cármen Lúcia and Luiz Fux.
The accused are suspected of the following crimes:
- Armed criminal organization
- Attempted violent abolition of the democratic rule of law
- Coup d’etat
- Damage qualified by violence and serious threat against the union’s assets, with considerable damage to the victim
- DECLARED OF HERITAGE
