The defense of General Mario Fernandes asked the Federal Supreme Court (STF) that the case on an attempted coup d’état be sent to the first instance.
In a demonstration presented on the night of Thursday (6), the revocation of arrest of the military, which has been detained since November last year, is also requested.
Former number 2 of the General Secretariat of the Presidency of the Republic, during the government of Jair Bolsonaro (PL), Mario Fernandes is appointed as one of the central characters of the coup plot.
According to PGR’s complaint, the general was responsible for preparing the so -called yellow green dagger plan, which allegedly planned the murders of then -president -elect Luiz Inacio Lula das Silva (PT) and STF Minister Alexandre de Moraes.
In the request, the lawyers argue that the general has no privileged forum justifying a judgment in the Supreme.
“The applicant cannot be prosecuted and judged by this supreme court, from any angle of analysis, since he never beaten the current function or at the time of the facts narrated in the denunciation – uncontroversial fact,” cites the demonstration.
If the case is not referred to the first court, the defense asks the trial to occur in the STF plenary. The defense of former President Bolsonaro also asked the case to leave the first class.
Representatives of Mario Fernandes require the pre -trial detention to be exchanged for other precautionary measures. In addition, they requested authorization so that the defense can use a computer within the prison, where Mario Fernandes is to study the process and have “right to broad defense”.
The lawyers did not request the rejection of the complaint, nor the summary acquittal of the general. The defense, however, requires the prior subpoena of Mauro Cid, former Bolsonaro orders, before receiving the complaint.
According to the defense, this measure is essential to ensure that General Mario Fernandes has the opportunity to speak last in the process.
