The Federal Adverci Judge Rates Mendes de Abreu, from the 20th Court of the Judicial Section of the Federal District, annulled the one that released in a photo group of an American fighter F-35 that made an emergency landing in São Pedro da Aldeia (RJ) in May 2024.
In the ruling, the magistrate stated nullically, by vices legality, the written rebuke applied against Marcos Roberto Cavalcanti Sales and determined the nullity of any record in his military medical record and intelligence reports.
On May 18, 2024, Sales received the photo of Lockheed Martin F-35C Lightning II of the American Navy that made an emergency landing at the city’s naval base for lack of fuel.
The captain says the photo was sent by an advisor to Giovani Correa, director of the Intelligence Center, who was his boss, and without guidance on relay. Sales then referred to a WhatsApp group. Upon arriving in Belém, on Sunday (19), Correa accused him of sharing the image of the plane.
Sales was deprived of the position of head of the Intelligence Department and transferred to the command of the Seventh Naval District. The relegation of the military concept also made the officer lose possibility of being appointed to the position of Admiral.
In the decision, on February 28, the judge states that the principles of the Legal Reserve were not correctly observed [exigência de lei formal para a regulamentação do assunto] or closed typicality [para evitar critérios subjetivos]because the “punishing authority itself [Marinha] He did not observe the burden of typifying the fact sufficiently, since she herself acknowledged that the published material was not under secrecy. “
It also says that the Navy should demonstrate that the military had or should have knowledge about the “classification of that mission and that it still chose to break it.”
The judge also says that military activity is based on hierarchy and discipline and that punishment aims to “preserve the intangibility of these principles, re -educate the military and discourage the reiteration of offenses.”
“However, the military authority is not exempt from observing the minimum constitutional principles related to legality, closed typicality, culpability, impartiality, in addition to the corresponding guarantees linked to due substantial legal process,” adds Mendes de Abreu, which recognizes that the damage caused by the functional documents and the relegation of the military concept makes them able to authorize the annulment of the procedure.
To the panel, Sales celebrated the decision. “After my career tarnished and closed prematurely because of an injustice caused by the absence of the constitutional rights of the broad defense and the contradictory, I had my dream of being curtailed because of this punishment,” he said.
“But with the certainty that I always acted based on moral values and navy standards, I appealed to the court, which determined the annulment of punishment, as well as any record in my medical records and intelligence reports regarding the case.”
The Navy reported that it does not comment on cases discussed by judicial “since the information is dealt with under due process by the competent bodies.”
“MB points out that it guides its conduct for the faithful observance of legislation, ethical values and under the prism of transparency.”
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