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The First Class of the Federal Supreme Court (STF) neither needed two days of time, which would be terminated on Wednesday (23), to receive the complaint of the Attorney General’s Office (PGR) to make defendants the so-called core 2 of the pockets accused of attempted coup d’état, on January 8, 2023.
STF condemns 6 more defendants that would form core 2 of attacks for the installation of a coup in the country. Photo: Reproduction
On Tuesday (22), the complaint filed by the PGR against the six accused of integrating the so-called core 2 of the organization that sought to prevent the regular functioning of the Powers of the Republic and to testify the legitimately elected government in a coup, was unanimous by five STF ministers.
In this procedural phase, it was examined only if the complaint met the minimum legal requirements required by the Criminal Procedure Code (CPP) to open a criminal action.
The conclusion was that the PGR properly demonstrated that the investigated facts configure crimes (materiality) and that there is evidence that the accused participated in them (authorship).
With the receipt of the complaint, the six accused will become defendants and will respond to a criminal action. They are: Fernando de Sousa Oliveira (Federal Police Delegate), Filipe Garcia Martins Pereira (former advisor to International Affairs of the Presidency), Marcelo Costa Câmara (Army Reserve Colonel and former Presidency Advisor), Marília Ferreira de Alencar (Delegate and former Director of Intelligence of the Federal Police), Mário Fernandes (Army Reserve General) and Silvinei Vasques) (former director general of the Federal Highway Police).
They will be responsible for the crimes of attempted violent abolition of the Democratic Rule of Law, attempted coup, involvement in armed criminal organization, damage qualified by violence and serious threat against the union’s assets and deterioration of listed assets.
The rapporteur of the petition, Minister Alexandre de Moraes, voted to fully receive the complaint. According to his vote, the PGR reported the criminal facts satisfactorily, chained and logical, classifying and describing each crime and pointing to the evidence against each of the accused.
He was fully accompanied by Minister Cármen Lúcia and ministers Flávio Dino, Luiz Fux and Cristiano Zanin.
According to the rapporteur, at this time of analysis there is only evidence of the authorship of the crimes by the accused.
“With the opening of the criminal action, the contradictory will be established and all the imputed facts must be proven by the PGR. The presence of any reasonable doubt leads to acquittal.”
Minister Alexandre said the complaint is based on evidence attesting to the materiality of acts and bring evidence of authorship by the accused. He stressed the seriousness of the facts by exposing a video that shows the violence of acts of 8 January, with the aim of leading to a coup d’état, besides the demonstrations in front of barracks asking for coup and violent acts on the streets of Brasilia.
In his vote, the minister individually detailed the evidence presented by the complaint for each of the accused, such as documents, mobile messages, entries in public buildings and testimonials that confirm the statements of award -winning employee Mauro Cid.
According to him, all defenses had access to the facts pointed out, to the reasons that led PGR to denounce core 2, to the reasons of the crime, “that is, all the necessary elements for the defense to defend itself.”
Regarding the PF delegate Fernando de Sousa Oliveira, Minister Alexandre de Moraes said the evidence listed by the prosecution point to his participation in an improper use of federal road police to interfere with the outcome of the elections, preventing or hindering the vote of voters. Messages were raised with strategic information exchanges for policing directed in the second round.
In the case of former advisor to international matters of the Presidency, Filipe Garcia Martins Pereira, the rapporteur said there is information showing his participation in a meeting with then-President Jair Bolsonaro to deal with the elaboration of a draft decree of coup.
Data from his entry to the Alvorada Palace on certain dates were raised, and testimonials such as the former Army commander, General Freire Gomes, say Martins presented the draft Bolsonaro.
Marcelo Costa Câmara, colonel of the Army Reserve and former advisor to the Presidency of the Republic, had his conduct narrated by PGR from Whatsapp messaging exchanges in which he passes on interlocutors a monitoring of authorities. In addition, he would have participated in a meeting with the then president in which he was scammented themes.
Regarding the delegate Marília Ferreira de Alencar, the PGR found evidence of its participation in the directed policing made in the second round of the 2022 election. In addition to the message exchanges with Fernando de Sousa, spreadsheets with voting data from presidential candidates were seized.
The evidence was also corroborated from the testimony of an intelligence analyst. According to PGR’s complaint, General Mário Fernandes was responsible for preparing the “Yellow Green Draw” plan, which provided for the murder of authorities, such as President -elect Luiz Inacio Lula da Silva and Minister Alexandre de Moraes.
A spreadsheet was seized with details of this operation, which was even printed at the Planalto Palace and taken to the Dawn Palace. Messages of the general with Mauro Cid and protesters who participated in the camp in front of the Army headquarters were also release.
Regarding Silvinei Vasques, the rapporteur stressed that the former director of the Federal Highway Police (PRF) attended the meeting to define policing during the second round of the elections. An agent’s testimony also confirmed that he would have said the need for the corporation to “choose one side.”
By March 26, the first class had already received the complaint against those accused of joining nucleus 1, also called the “crucial core” of the organization. Former President Jair Bolsonaro, former director general of the Brazilian Intelligence Agency (ABIN) and current federal deputy Alexandre Ramagem (PL-RJ), former Minister of Justice and former public security secretary Anderson Torres, Reserve General and former Chief of Institutional Security Office Augusto Heleno, Lieutenant Colonel and former Presidency Orders of the Institutional Safety Office. Republic Mauro Cid, General and former Defense Minister Paulo Sérgio Nogueira, Reserve General and former Civil House Minister Walter Braga Netto, and the admiral and former commander of Navy Almir Garnier Santos.
Now now missing three more groups that would compose the nuclei three, four and five.
