The first class of the Supreme Federal Court (STF) received on Tuesday (22) the complaint against the call that aimed to corrupt the democratic fabric and keep former President Jair Bolsonaro (PL) in power, even after his defeat in the 2022 elections.
The rapporteur of the case, Minister Alexandre de Moraes, said there was “sufficient evidence” for the opening of criminal action against the six accused. The other ministers fully accompanied the rapporteur’s vote.
“In doubt, in favor of society. This means that there is sufficient evidence of authorship for the beginning of the criminal action, when the contradictory will be established and the facts must be proven by the PGR,” Moraes said when rejecting all the preliminaries presented by the defenses.
According to the complaint, this group occupied “relevant professional positions” and was responsible for operationalizing actions designed to keep Jair Bolsonaro in power, even after his defeat in the 2022 elections.
Moraes detailed that, according to PGR, part of the group would have manipulated PRF operations in the second round for voting places, especially in the Northeast.
Messages exchanged between Marília Alencar and Fernando Oliveira mention the police reinforcement in cities with a large vote on the petista in the first round, such as Belford Roxo (RJ).
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“Police operation is not defined based on electoral vote,” criticized Moraes.
Regarding the allegations of suspicion of ministers, the rapporteur was directly: “Investigated does not choose the judge.” The minister also defended the validity of the award-winning collaboration of Lieutenant Colonel Mauro Cid, who is a key piece of the prosecution.
Integrate the nucleus:
- Silvinei Vasques, former PRF director
- Marília Alencar, former intelligence director of the Ministry of Justice
- Fernando Oliveira, PF delegate and former executive secretary of SSP-DF
- Filipe Martins, former Bolsonaro special advisor
- Marcelo Câmara, reserve colonel and former ordinant of orders
- Mario Fernandes, reserve general and ex-number 2 of the General Secretariat
In the case of Filipe Martins, Moraes stated that the former advisor would have written a project of decree to justify exception measures, with legal basis, to be presented to the High Command of the Armed Forces. The defense denies the authorship of the document.
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General Mario Fernandes and Colonel Marcelo Câmara are accused of coordinating monitoring actions of public authorities, including an alleged murder plan of Lula, Alckmin and Moraes. The defenses admit the existence of documents, but claim that there was no execution.
Earlier, the first class presented by the defenses, including requests for the Ministers Moraes, Cristiano Zanin and Flávio Dino to be removed from the trial. Only Minister Luiz Fux diverged by arguing that the case be referred to the plenary.
Next Steps
With the acceptance of the complaint, the defendants become the condition of defendants, that is, they will respond to a criminal action in the Supreme Court for crimes of armed criminal organization, attempted violent abolition of the democratic rule of law, coup, damage qualified by violence and serious threat and deterioration of overturned heritage.
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The next phase is the instruction of the process, when testimonials are collected, the analysis of documents is made and the conduct of expertise presented by the parties. Lawyers may, for example, indicate witnesses and ask for the production of new evidence to prove defense theses. Witnesses are heard by an auxiliary judge, a member of the office of Minister Alexandre de Moraes, rapporteur of the case.
With the end of the instruction, the process goes to judgment. At the trial, the ministers of the First Class of the Supreme Court will decide whether the former president and other defendants will be sentenced to arrest or acquitted.
There is no set date for the trial, as it depends on the procedural progress. The date is set by the president of the first class of the Supreme Court, Cristiano Zanin.
