The minister said on Wednesday (26) that the (Attorney General’s Office) was able to demonstrate in the complaint of the 2022 coup plot that points to the former President of the Republic (PL) as leader of the organization.
“In the hypothesis under analysis, the Attorney General’s Office, pursuant to article 41 of the Code of Criminal Procedure, satisfactorily described the unlawful facts in all its circumstances, giving the accused the broad knowledge of the reasons and reasons why they were reported,” he said.
Early on the vote he resumes excerpts from the prosecution and states that the play is “widely satisfactory.” Bolsonaro and seven other defendants are part of the second complaint of PGR.
Unlike what happened on the first day of trial, the former president did not appear at the STF at the beginning of Wednesday’s session.
According to Moraes, the analysis of the moment is whether the complaint brings the exposure of criminal facts, the circumstances, the classification of the crimes. “Cognition at this moment is strict, not a more exhaustant, to attest to the culpability, because there was not yet the contradictory, the possibility of proof of proof,” he said.
In his vote, the minister stressed that the defendants’ own defenses themselves, mostly, recognized the severity of the scammer acts of January 8, 2023, even if they deny the authorship of any crimes that occurred at the time.
He exhibited such images from January 8 and other episodes of depredation and requests for military intervention that took place after Bolsonaro’s defeat in the elections. He says that the trend of the human being is to forget the bad news.
“This bias of positivity is a brain self -protection, and January 8, 2023 was a bad news for democracy, for institutions, for all Brazilians who believe in a better country,” Moraes said.
“But this bias of positivity makes us relativize this, that there was no Sunday in the Park. It was not a walk in the park. No one, absolutely no one was walking, because everything was blocked and it was necessary to break police barriers.”
According to the minister, “people of good faith end up being deceived by people of bad faith who, with people with bad intentions and digital militias, end up saying they were old ladies with the Bible in hand, with lipstick and went there only a lipstick on the statue.”
The reference is to the hairdresser Débora Rodrigues dos Santos, who is being tried in another criminal action for having participated in January 8 and picked “lost, Mané” in the statue “The Justice”, which is in front of the Supreme Court.
If the first class receives the complaint, the former president is responsible for the Supreme Court for an attempt of violent abolition of the Democratic Rule of Law and a coup d’état, damage qualified by violence and serious threat against union heritage, deterioration of listed assets; and participation in a criminal organization.
Tuesday’s trial analyzes the complaint against the central core of the coup plot – of the five groups accused by PGR. Além de Bolsonaro, o núcleo é formado pelo deputado federal e ex-chefe da (Agência Brasileira de Inteligência) (-RJ), o ex-comandante da Marinha , o ex-ministro da Justiça , o ministro-chefe do (Gabinete de Segurança Institucional) Augusto Heleno, o ex-ajudante de ordens de Bolsonaro , o ex-comandante do Exército e ex-ministro da Defesa Paulo Sérgio Nogueira, e o ex-ministro da Defesa e of the Civil House and vice in the Bolsonaro plate in 2022.
Since Tuesday morning (25), the first class of the Court has analyzed whether the complaint sent by the PGR has evidence of materiality and sufficient authorship to submit the accused to criminal proceedings, that is, there is a set of evidence to support the accusation of crime and if there are elements that relate the accused to the facts and who committed the crimes.
The judge then hears defense and prosecution, there is the instructional phase, with witnesses, so -called experts, and finally the interrogation, when the process is ready to be tried.
Paulo Gonet states, in the prosecution, that Bolsonaro agreed with a plan to murder President Lula (PT), the vice president, Geraldo Alckmin (PSB), and Minister Alexandre de Moraes, which is not in the indictment of the Federal Police.
In the first part of the analysis, Moraes read the case report. Following, the PGR spoke for the accusation and then went to the defenses of the eight indicted.
In addition to Moraes, the board has in the composition, also, president of the class ,.
So far, the ministers have denied the preliminary calls, that is, the questions presented by the defenses regarding the correct process.
