Action in the Supreme Court cites inequality in the treatment given to the defense of Diovana Vieira da Costa and the accusation
The (Public Defender’s Office) filed a lawsuit in the (Supreme Court) claiming that Minister Alexandre de Moraes violated the defense rights of a defendant from the investigation that investigates the acts of. Moraes is the rapporteur of the process about the invasion of the headquarters of the three powers in Brasilia.
The information was revealed by the newspaper. In the defender’s understanding, there is inequality in the treatment given to the accusation and defense of Diovana Vieira da Costa by the minister, which would be a violation of the contradictory and broad defense. Read the allegations (PDF – 225 KB).
“There is, in fact, unequal treatment between prosecution and defense, since the requirement to present witnesses is weighing on defenses in general, even when they indicate public servants to be asked ”says the text.
In the action, the DPU stated that the minister did not authorize the summons of a witness who could prove that Costa arrived in the federal capital after the depredations of the STF buildings, the National Congress and the Planalto Palace. The witness in question was the bus driver who took her to Brasilia.
According to the defense, Costa arrived in the federal capital in the late afternoon of January 8, 2023, between 17h and 18h. She was caught in the act the next day while at the camp in front of the Army headquarters, and was released a week later.
The DPU calls for its acquittal for the crimes of incitement to animosity between the Armed Forces, criminal association and material competition and argues that the purpose of the trip from Costa to Brasilia was to accompany his former maid.
In addition, he states that the defendant’s presence in camp does not make her participant in criminal acts. The action reinforces that the camp was located in a central region of Brasilia and had “The absolute toleranceOf the public power.
The Defender also states that the Supreme Court is not the appropriate forum to judge Costa, since the defendant has no privileged forum.
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