The first class of the (Supreme Federal Court) unanimously made six more accused of involvement in the 2022 coup plot, in a judgment of the statement by Minister Alexandre de Moraes against the amnesty to the convicts of scammers from January 8.
With the decision, the number of accused who will respond to criminal proceedings in the Court of the alleged coup attempt to maintain () reaches () after defeat at the polls to Lula (PT).
In March, the first class decided to make Bolsonaro defendants and seven other accused as members of what was called the central core of the plot. On Tuesday (22), the collegiate evaluated the accusation of the PGR (Attorney General of the Republic) against the so-called second core.
This group is part, former member of the Ministry of Justice, former presidential advisor, former presidential advisor, former member of the Ministry of Justice, general and former executive secretary of the General Secretariat of the Presidency, and former director general of the Federal Highway Police.
The ministers of the first class decided to make all of them defendants. Flávio Dino, Luiz Fux, Cármen Lúcia and Cristiano Zanin fully accompanied the vote of the rapporteur, Alexandre de Moraes, who accepted the complaint.
Unlike what happened in the trial of the first core, which lasted two days, this time there was little debate among the ministers about the terms of the accusations. After Moraes concluded his vote in the afternoon, the other magistrates endorsed their position in a few minutes.
Fux, who even criticized the conduct of cases of attacks on January 8, 2023 at the session in March, voted on Tuesday stating only “I follow the rapporteur”.
The 14 defendants will be responsible for five crimes: attempted abolition of the Democratic Rule of Law, coup, armed criminal organization, qualified damage and deterioration of listed heritage.
Moraes voted for about 1 hour and 30 minutes about the merits of the accusations. He again presented a video showing the attacks of January 8 and asked the “good faith” to reflect on amnesty requests to those involved in the scammer acts.
“People in good faith should reflect and wonder if what happened in Brazil occurred in your home, if an armed group came into your home, destroying, in order to get your neighbor to send everything with destruction, bombs, would you ask these people to ask these people?”
“Why, for Brazil, democracy, the attempt to break the Democratic Rule of Law, so many people defend this? If in my house I wouldn’t admit, why do I admit it to the country, to the republic that has democratically elected its members?”
Moraes also countered criticism that he reports and judges the case of the 2022 coup plot, even though he was pointed out as a victim of plans that predicted his murder, President Lula (PT) and Vice President Geraldo Alckmin (PSB).
According to Moraes, the accusation deals with attack on democratic institutions, not him, personally.
“The complaint does not refer to attempted murder. Obviously, if there was a complaint of attempted murder, these facts would be separated and distributed to another minister. Here is an attack on democratic institutions,” said the rapporteur.
Moraes states that mentions attempted murder of authorities are related to attempts to prevent investigations. Still, that it is not up to the investigated to choose the judge who will judge them.
“Otherwise it would be enough to threaten rapporteur to withdraw it from the case. The defendant cannot create supervening facts to cause the judge to withdraw,” he said.
which at the time presided over the (Superior Electoral Court). According to PGR, the plan to assassinate Moraes was called “Cup 2022”, which would be the execution of another planning, called “”, which predicted in detail the murder of (PT) and (PSB).
In general, both the Attorney General, Paulo Gonet, and the ministers generally rejected preliminary defense questions, which mainly dealt with and procedural aspects, on the grounds that they had already been answered in the analysis of the central nucleus complaint.
In dealing with the merits of the accusations, the ministers only endorsed Moraes.
In the first trial, from the central nucleus, Fux opened divergence in the preliminaries, when he defended the competence of the full plenary to analyze the case. Despite having caveats the denunciation of Lieutenant Colonel Mauro Cid, former Bolsonaro orders, in that session, Fux retreated on Tuesday.
“In the past session I made some caveats to this award -winning denunciation because of its complementation nine times, some spoke here 11 times. But there is a new data highlighted by Minister Alexandre de Moraes that the employee will be questioned, because it is a means of defense and at the same time of proof and that it does not inhibit that we can gauge the truth of what he claims,” he said.
At this stage of the process, the first class of the Supreme Court analyzed if there is evidence of authorship and materiality in the accusations made by PGR.
With the complaint admitted by the Court, the progress of criminal proceedings itself begins.
The first stage will be that of instruction, when further evidence and new testimonials are collected, nominated by both prosecution and defense. Defendants are the last to be heard.
Then the first class of the Court will decide on conviction or acquittal. This is expected to occur until the end of this year, as a way of preventing the trial from coinciding with the year of the next presidential elections.
In the end, the parties may submit resources to the decision. The planned penalties reach over 40 years in prison.
