Defense wants data from former Bolsonaro advisor used in the complaint to be made available to the ministers of the 1st class before judgment
The Supreme Court Minister Alexandre de Moraes denied on Wednesday (9.abr.br.2025) the request for the defense of Filipe Martins to make available the geolocation data of the former advisor of Jair Bolsonaro (PL) in the case file in which he was denounced for attempted coup d’état.
According to Moraes, there is no “relevance” defense curtailment arguments for lack of integral access to evidence and strategy of “document dump” formulated by lawyers in the request. The minister also states that the preliminary allegations have already been dismissed by the 1st class in the judgment of the complaint against Center 1.
“The 1st Class of this Supreme Court unanimously dismissed the allegations of procedural nullities“ c) regarding the absence of broad and unrestricted access to the evidence contained in the case file; d) Difficulty of defense in analyzing the large amount of documents and media ”(EDoc. 1,746, pages 4-5), in the judgment of the receipt of the complaint in the face of the accused of Nucleus 1, in Pet. 12.100/DF, carried out on 3/25/2025 and 26/3/2025, as highlighted in the certificate of judgment (EDOC. 1.746). Defense Curtailment or Accusatory Tactical of Document Dump under this PET.declared Moraes in a decision to which the Poder360 had access.
To this digital newspaper, the defense said that the negative demonstrates that the “Defenses have not had integral access to the case file and evidence, which frontally violates the right to broad defense and contradictory”.
The defense claims that the data used by the PF (Federal Police) in investigations and the PGR (Attorney General’s Office) in offering the complaint are not available in the file.
In request made on April 4, the defense of Filipe Martins says that there was a “O omission of evidence during the investigation to allow illegal arrest; now, in the process, the concealment of these data makes the right to proof unfeasible”.
According to the lawyers, the absence of geolocation data compromises the contradictory and hurts broad access to the evidence. They claim that if the tests were available, “They would even prevent the questionable precautionary prison”. Read the request (PDF – 713 KB).
They said they tried to obtain the information through the telephone operators and the lawsuit, but that they did not have the request fulfilled. They stated that they were able to obtain Uber’s geolocation data, but that the crossing with mobile information “They form an important set of information” that could “Indicate the inconsistency of the criminal complaint”.
“Although the complaint mentions determined dates and times, it does not adequately individualize the defender’s conduct, merely suggesting that he would have been in a certain place on certain days and times, without any concrete indication of involvement in illicit acts.”defend.
Filipe Martins’ defense states that he was illegally arrested for more than six months to force him to report nonexistent facts. He was arrested in February 2024 under the US in 2022, but later investigation showed that he did not leave the country.
In August 2024 by decision of Alexandre de Moraes, Martins with an action in the US in 2025 to investigate possible fraud in the immigration system. According to the defense, authorities had had their geolocation since October 2023.
Attempted suddenly
The complaint against Martins and 5 more people for the scam attempt will be tried on April 22 and 23. The 1st Panel of the Supreme Court will decide whether the accusation against core members 2 has sufficient elements to start a criminal action for crimes related to an attempt to coup in 2022.
The former Bolsonaro advisor would have been responsible for editing the “MINUTA Sit” and present your “Legal Foundations” at the top of the Armed Forces at a meeting on December 7, 2022.
