Association cites recent decisions of the minister and argues that convicts have an advanced age, diseases or dependents
The opposition asked the Supreme Court Minister Alexandre de Moraes to grant house arrest to 20 arrested by January 8 who have “Vulnerabilities”such as advanced age, diseases or comorbidities or dependents, such as small children. Also asks for the creation of a “Task force” to accelerate the analysis of the numerous processes and “Advance on the agenda of humanitarian justice”.
The letter was sent to the Moraes Office on April 9, after Minister Cristiano Zanin you have a body collective. It also cites recent decisions of Moraes that allowed them to accused by extremist acts to comply with prison sentences or preventive arrests at home. The names were selected by (Association of Victims and Family members of 8 January). For opposition, cases are in a similar situation. Read the document (PDF – 238 KB).
Moraes’s decisions are:
- 28.mar.2025 – that of house arrest to Jaime Junkes, sentenced to 14 years in prison, due to his prostate cancer;
- 28.mar.2025 – House arrest to Débora Rodrigues, defendant who wrote “Lost, Mané” in the statue “Justice” During January 8, after Minister Luiz Fux asked for more time to analyze the case not to harm her by the disruption of the trial; and
- 3.abr.2025 – The concession ( – PDF – 156 KB) of house arrest to the missionary who is defendant on January 8 and is still awaiting trial, for “Compatibility between freedom to come and go and criminal justice”.
“All of these cases, we must recognize, as a substantive rearness, claim the adoption of judicial measures that ensure the humanitarian compliance with the restrictive precautionary measures of the freedom to go and go, in the line of commitments made by the federative Republic of Brazil, such as Bangkok rules – United Nations Rules for the treatment of women who are not deprived of liberty for women Tokyo rules – minimum rules of the United Nations for the elaboration of non -deprived measures of liberty ”says the document.
The text cites the case of Cleriston Pereira da Cunha, who in prison after a mischief in November 2023. He had received a favorable opinion for release due to his health. He had a favorable opinion from the PGR (Attorney General’s Office) to be released, but the request was not tried. The episodes have been on opposition congressmen as a symbol of amnesty on January 8.
It also transcribes an excerpt from the decision of Moraes that converted the pre -trial detention of the missionary to house arrest, which based the order in the “Compatibility between freedom to come and go and criminal justice”.
“The essentials of individual freedoms, especially the freedom to come and go, is not only its formal proclamation in constitutional texts or statements of rights, but the absolute need for its prompt and effective consecration in the real world, in a practical and efficient way, from a fair and reasonable compatibility with the other fundamental rights of society, in order to allow the effectiveness of criminal justice.”says the passage.
Read the list of 20 names selected by ASFAV:
Click on the columns to sort by name, age and arrest date; To open in another tab, click.
One of the names, Marco Alexandre Machado de Araújo, 55, was on Saturday (12.abr). The former military police officer was arrested in Operation Lesa Fatherland in April 2023. The defense called for precautionary measures in place of pre-trial detention on the grounds that the instructional phase was already over and the defendant would no longer offer the risk of interference with investigations. They also argued that the former PM did not know his daughter, who was born after his arrest.
In a statement, the opposition leader in the House, Deputy (PL-RS), said he seeks “Sensitizing Minister Alexandre de Moraes, rapporteur of cases, to apply the principle of isonomy and grant, for humanitarian reasons, alternative measures”.
“We cannot allow more tragedies to occur due to lack of an individual and human look. They are parents, mothers, elderly, sick people who deserve to fulfill their penalties or await judgment in a dignified manner, according to the law and humanitarian principles.”wrote the deputy.
