At least 546 people who became ground for incitement to the scammer attacks of January 8 signed agreements with (Attorney General’s Office). Another 237 have rejected the proposal and were convicted in recent months, with a year of imprisonment.
This prison sentence applied to the defendants who refused the agreements was replaced by alternative measures, such as the provision of community services and the ban on using social networks. These are obligations similar to those that were imposed on people who accepted the proposal.
The main difference between the two groups is that the accused who rejected the agreement will have a criminal conviction as an antecedent.
The Penal Code provides that this type of agreement be offered for crimes with minimum penalties of up to four years and defendants without criminal record, among other criteria.
The people who made the agreements, called ANPPS (non -criminal non -prosecution agreements), had to confess the crimes and commit to paying fines and fulfilling obligations. These fines range from $ 5,000 to $ 50,000. In some cases, there was no fines.
In return, criminal actions are suspended and are only resumed in case of non -compliance with agreed terms.
The defendants who have not accepted the proposal will also have to pay a fine and also compensation of $ 5 million that will be divided among all others convicted by January 8.
The accused of light crimes are those who did not directly participate in the attacks on public buildings, but were, for example, in the Army in, asking for military intervention.
The defendants who closed agreements had to fulfill a shorter community service time than those who rejected the proposal and were convicted. In addition to this requirement and the prohibition of access to social networks, the obligation to attend a course on democracy prepared by PGR was applied to both groups.
Titled “Democracy, Rule of Law and Coup of State”, is shown in video and lasts 12 hours, divided into four modules. Defendants attend classes in an official environment, with frequency control and supervision carried out by an agent of the judiciary, with prohibition of mobile use during projection.
Those who have rejected agreements and were convicted cannot leave their places of residence until the sentence is terminated, have a suspended passport and lose the registration or possession of firearms if they have it.
In these actions, which were judged in the format of the Virtual Plenary of the Supreme Court (Supreme Court), usually the majority of the ministers follow the vote of the rapporteur, who proposed this penalty of one year.
Ministers André Mendonça and Kassio Nunes Marques, who were nominated to the court by the former president (PL), have voted in several cases for acquittal.
In addition to the 237 sentenced to a year of imprisonment, there are 11 other people who took penalties of two and a half or three years.
Voting for the conviction, Moraes has said that “even after the acts of January 8, 2023, the defendant remained in camp, resulting in his arrest on January 9, 2023, which reinforces the demonstration of his adherence to the coup and undemocratic purpose, aimed at the abolition of the rule of law.”
In the survey, there are 1,589 actions dealing with January 8, with a total of 500 convictions. Until the month of March, the Supreme Court has the registration of the 546 defendants who signed the criminal collaboration agreements.
At the end of last year, the president of the Supreme, minister, said that more than 1,200 people were offered, and more than half refused. Sought by the report and questioned how many agreements were proposed and their developments, the PGR did not speak.
The ANPPs do not fit to accused for more serious crimes and a higher penalty, such as those who had 14 or 17 years in prison. These penalties have been applied to defendants accused of participating in the depredation of the headquarters of the three powers and their surroundings.
In cases, these people have been convicted of crimes such as armed criminal association, attempted violent abolition of the Democratic Rule of Law, attempted coup, damage qualified by violence and severe threat with flammable substance against the union’s heritage and the deterioration of listed heritage.
This is the case of the process, which was accused of participating in the acts of 8/1 and that at the time.
Criminalists consulted by the report state that the proposition of agreements by PGR only for people who committed less serious crimes is in accordance with current legislation.
Agreements can only be offered “if the imputed criminal offense does not involve violence or serious threat, and provided that the minimum penalty foreseen in abstract is less than four years,” says Fernando Hideo, professor at the São Bernardo do Campo Law School.
“In the context of January 8, many defendants respond for incitement to crime, whose minimum penalty in abstract is less than 4 years and does not involve direct violence. In such cases, with confession and absent legal impediments, it is possible and legally coherent – that proposes the ANPP,” he says.
“In the most serious cases, such as violent abolition of the Democratic Rule of Law or coup, with high penalties and direct or serious threat violence, the agreement is legally unfeasible.”
January 8 numbers
Defendants in criminal proceedings
1604
Defendants who made agreements
546
Total convicted
500
Sentenced to one year in prison
237
Source: Federal Supreme Court
