The first previous defenses presented by the (Attorney General of the Republic) on charges of participation in questioning the performance of the Supreme Court Minister in the case and recycle arguments already rejected by the Court.
The demonstrations began to be sent to court on Thursday (6) after the end of 15 days from the notification to the answers of the accused.
Most defenses mention PGR’s mention of a Moraes murder plan, President Lula (PT) and the deputy, Geraldo Alckmin, to say that the minister could not accumulate the role of victim with that of judge of the case.
The thesis has already been after requesting the defense of former President Jair Bolsonaro (PL). The former Mandanician ranked Thursday as “Children’s” the murder plan.
“From what I saw there [é um] Children’s plan, put. Kidnapping, poisoning .. there is a policeman watching us here. I will kidnap someone and poison, take a little cup. It’s slutty. Children’s thing. Now you have to give the guy who was caught with it “
Former Defense Minister Paulo Sérgio Nogueira also cited the plan in his prior defense.
“With the most respectful venues, it is evident that if a judge is the target of monitoring actions and homicidal plan by the accused, he does not have the necessary impartiality to judge those who allegedly monitored him and planned to kill him,” the former minister’s defense to the STF tells.
His lawyers also argue that the Supreme Court has no competence to judge the case, as there are reported without privileged forum.
They ask that if the trial is right in the Supreme Court, the Court recognizes that it is up to the Plenary to analyze complaints against a former President of the Republic.
“It would be illogical and a blatant violation of reason and justice to maintain the competence of the Supreme Court to judge the former minister, but not judge him in plenary,” he says.
The two theses, however, have also been rejected by the Supreme. The trial will be with the first class of the Supreme Court, composed by the Ministers Moraes, Cármen Lúcia, Cristiano Zanin, Flávio Dino and Luiz Fux.
Lawyer Jeffrey Chiquini, defender of Lieutenant Colonel Rodrigo Azevedo, even included Moraes on the list of witnesses of the military defense. Azevedo is arrested on suspicion of participation in the Plan Copa 2022, which, according to PGR, sought to arrest or kill Moraes, President Lula (PT) and Vice Geraldo Alckmin (PSB).
“It proves absolutely necessary (sic) hearing of the most excellent minister Alexandre de Moraes as victim, especially considering that his name was mentioned by at least 43 times in the accusatory piece,” says Chiquini in the petition.
General Augusto Heleno, former GSI (Institutional Security Office) minister of Bolsonaro, also called for the suspicion of Moraes with the mention that he was the target of the plan to kill authorities and keep Bolsonaro in power. The general’s defense stated that the minister’s maintenance as rapporteur of the case deepens disbelief in the Court.
“This fact would reinforce, even more, the discredit that has retained to this Supreme Court, in the face of political narratives created to discredit the citizen of the primary function, constitutionally granted to this maximum court.”
The defense of the reserve colonel Marcelo Câmara, former Bolsonaro advisor, also defended the suspicion of Moraes. The retired military man is accused of monitoring the location of the STF minister while planning an attack on him.
In the defense presented to the court, lawyer Eduardo Kuntz says there are only two ways: Moraes was a victim of monitoring – and, therefore, is suspicious – or was not the target of the actions reported by the PGR, making his client innocent.
The main argument of the defense of the Chamber was that the military monitored Moraes for open sources, such as the minister’s public agendas, without using illegal means to discover the whereabouts of the authority.
“Thus, we have that this eminent rapporteur is considered to be a victim or is already aside this inconsistency to use the ‘monitoring’ expression as it is recognized that the correct is ‘follow -up by open sources/Google’.”
Colonel Márcio Nunes de Resende’s defense adopts the same strategy and claims that the Code of Criminal Procedure requires the minister to be considered suspicious to judge the case.
“There is mention, in the complaint, the facts involving actions that sought to delegitimize their performance as minister of the Supreme Court, and other very serious who would endanger their physical integrity,” he says. This circumstance continues, puts Moraes “as a victim and therefore gives rise to his suspicion.”
In judging the request for suspicion of Moraes made by Bolsonaro in 2024, the Supreme Court adopted on trial in the virtual plenary the thesis of the President of the Court, Luis Roberto Barroso.
He argued that the fact that Moraes is a victim does not automatically lead to his impediment to judge the case.
“It is because it is public and notorious that several other members of this Court were also mentioned as potential victims of undemocratic acts; either because the crimes of violent abolition of the democratic rule of law and the attempted coup have as its passive subject the whole community, not an individualized victim,” says Barroso.
The only vote against Moraes was given by Minister André Mendonça, nominated by Bolsonaro to the Supreme.
“At this conjuncture, when noting that the eminent defendant minister would directly and immediately suffer serious and tangible consequences, such as prison-even even death-if the reports of those investigated were carried out, the condition of ‘directly interested’,” says Mendonça.
The presentation of previous defenses is part of the beginning of the analysis of the complaint offered by the Attorney General’s Office in the case of the coup plot.
The Supreme Court is expected to receive by the beginning of next week the defense of all 34 reported by the coup plot. The last notified to submit a response was the former presenter of young Pan Paulo Figueiredo, who lives in the United States.
Moraes decided to notify Figueiredo for a public notice, instead of sending a request for cooperation to the United States court to hand over the complaint to the accused. The deadline for him to present the defense ends on March 13.
