It entered the final phase of a process that can result in the first expulsion of military from involvement.
The reserve’s seizure, 51, is the subject of a discipline council scheduled for May. The lawsuit was opened after the (Federal Supreme Court) to condemn him to 14 years in prison on charges of committing crimes against democracy.
Possible expulsion should open a sequence of negative decisions for military -related military attacks or the 2022 coup plot.
The Navy and the Army are the two forces that had former commanders reported by (Attorney General’s Office).
Admiral Almir Garnier Santos, former chief of the Naval Force, on charges by the former president (PL). A lawsuit against him in the navy should only be opened if the former commander is convicted of the.
Discipline council
The Council of Discipline is instituted to judge military personnel suspected of having committed disciplinary offenses or who have been sentenced to more than two years by the Common Justice.
In Caldas’ case, the board must decide whether he is unable to remain linked to the Navy after his conviction in the Supreme.
The process can last up to 50 days. In situations such as Subofficial, in which a conviction is analyzed in a civil court, the final decision may be brought to the Navy Commander after the board members’ recommendation.
Two admiral heard by Sheet They said that the process should result in the exclusion of the senior from the navy. If the scenario materializes, Caldas’s retirement will pass to his family.
The Subofficial should also lose the right to remain in prison at a military unit-he is serving a sentence at the Sailor Apprentice School in Florianópolis since June 2024. The Navy has tried to transfer him to a unit in Rio de Janeiro, considered more appropriate for the imprisonment of military personnel convicted of justice.
Lawyer Douglas Eduardo said in a statement that the process in force does not mix with the conviction in the Supreme Court.
“The analysis of the council is not linked to the facts determined in the criminal proceedings, nor its result, but considers the general context of the military conduct, taking into account his condition as a military reserve military and the right to freedom of expression guaranteed by law,” he said.
He argues that Caldas’ participation was peaceful and does not constitute disciplinary infraction. Douglas also praised the discipline council, saying that he acted with “brilliance” and “observance of the principles of contradictory and broad defense.”
“As proven in the case file, the accused, the accused Caldas, absolutely did not violate any minimum ethics and/or injured the military decorum typified in the military status, capable of legitimizing his expulsion of the Brazilian Navy, since his mere presence on that day and local is not able to characterize the non -observance of any military precept,” he adds.
Marco Antonio Braga Caldas was a navy diver. He left the active in 2021 after about 30 years of service, and began to live in Balneário Piçarras (SC).
It arrived on the morning of January 8, 2023 on a free excursion and says you don’t know who funded the trip. His intention, he says, was to protest against the president’s election (PT) because the petista was already convicted in court for corruption.
The complaint of the PGR states that Caldas followed the Army Headquarters to the Ministries Esplanade on a walk with hundreds of supporters of former President Jair Bolsonaro (PL).
He was arrested inside the Planalto Palace. His cell phone, seized by the Federal Police, shows photos and videos of Caldas on the ground floor and second floor of the executive headquarters.
In a Supreme Husory, he denied that he participated in the breaking. He says he defended a military police officer who was lynched by protesters and sought refuge at the Planalto Palace.
The Suboficial was arrested from January to August 2023, already reported by PGR. STF Minister Alexandre de Moraes authorized his release because he considered that all evidence had been harvested, and that Caldas’ freedom was no longer a risk to investigations.
Before the trial, the military sent a letter to the court ministers citing his decades of service in his navy to defend his innocence.
He said he was a “ardent defender of the Democratic Rule of Law” and that his intention was to participate in a “peaceful public manifestation, which proved to be the case.”
“I would like to emphasize your excellence that I am a Brazilian, Christian and married citizen who hopes to be tried based on the belief of participating in a public and peaceful demonstration, not the acts committed by a part that resulted in damage to public heritage.”
