The minister, of the (Supreme Federal Court), denied on Wednesday (2) request to decree the pre-trial detention of the former president () for the convening of demonstrations in support of the amnesty project involved in the coup attacks.
The magistrate understood that the authors of the criminal news have no legitimacy to present an action of the type to the Supreme. Moraes welcomed the demonstration of the (Attorney General’s Office) for the filing of the case.
“The option for criminal representation must be formulated before the police authority or the Public Prosecution Service and not directly to the judicial body eventually responsible for the judgment of the reported,” PGR told the Supreme.
“On the other hand, the reports of the news do not contain minimum informative elements that sufficiently indicate the reality of criminal offense, justifying the outbreak of the intended investigation,” he added.
The arrest request was made on March 16 by Recife Councilwoman Liana Cirne (PT) after Bolsonaro summoned acts in support of the amnesty project.
For her, the calls made by Bolsonaro configure “uncontested attempt at the crime of obstruction of justice and incitement to new acts that compromise public order and democratic stability, as well as coercion in the course of the process.”
PGR has stated to Moraes that the granting of amnesty is a matter reserved for the Ordinary Law, the attribution of the National Congress, with the sanction of the President of the Republic.
“The holding of peaceful manifestations for the granting of the benefit does not constitute criminal offense, nor does it go beyond the limits of freedom of expression, which is constitutionally consecrated and marked by the freedom and responsibility binomial.”
The demonstration called for the presence of governors Tarcisio de Freitas (Republicans), from São Paulo, Claudio Castro (PL), Rio de Janeiro, Jorginho Mello (PL), Santa Catarina, and Mauro Mendes (União Brasil), from Mato Grosso.
The amnesty to the condemned of the acts of January 8 has as its ultimate objective to create political climate to reverse, in the future, the ineligibility of Bolsonaro himself.
He was convicted by the Electoral Court in two cases and is prevented from running for elections by 2030. Nevertheless, he insists on presenting himself as a candidate for the Planalto Palace in 2026, betting on a legal reversal of his processes, even without any prospect for change.
One of the reasons for ineligibility was to call a campaign agenda at the same time and place of the official celebrations of the Bicentennial Independence in Copacabana on September 7, 2022. The TSE (Superior Electoral Court).
He is currently a defendant in an investigation involving a coup plot in which he is accused of attempted violent abolition of the Democratic Rule of Law and the coup d’état, damage qualified by violence and serious threat against heritage, deterioration of overturned heritage and participation in a criminal organization. If convicted, it can take feathers from more than 40 years in prison and increase the current ineligibility.
