Rapporteur in the STF of the alleged coup attempt is the prime minister to vote on Wednesday (26), in a trial that takes place in the first class of the Court
The minister of (STF) said on Wednesday (26), that it is present “just cause” for the establishment of criminal action on attempted coup d’état, showing videos in the plenary of the first class of the Court, with the records of acts of January 8, 2023.
However, he considered that the receipt of the complaint itself does not represent the fault of the accused. The statements occurred during his vote in the judgment of the First Class of the Supreme Court if he receives or rejects the complaint of the Attorney General’s Office (PGR) against former President Jair Bolsonaro and seven other accused of trying a coup after the 2022 elections.
“There is, therefore, no ineptitude of the complaint, as alleged by the defenses, because the factual description of the complaint allows the full exercise of the contradictory, the broad defense, and there seems to me, for sure, no doubt of all the requirements required,” said Moraes.
The minister continued: “Likewise, the just cause for the establishment of criminal action is present. We know that the receipt of the complaint, in addition to the requirements provided for in article 41 of the Code of Criminal Procedure, requires the just cause, which must be analyzed within the tripod of typicality, punishment and viability.”
At the time, Moraes recalled that the Code of Criminal Procedure provides for the need for minimal probative support for the complaint to advance. According to the minister, however, despite minimal and reasonable evidence, the receipt of the complaint is not to blame. “The receipt of the accusatory piece does not represent analysis of culpability of any of the accused. The receipt of the accusatory piece depends on the materiality of the crimes, which is proven, but it is not an exhausting cognition of the facts,” he said.
Posted by Luisa Cardoso
*With information from Estadão Content
