The (Federal Supreme Court) ruled this Friday (25) for the conviction of, which, the penalty of. In this regard, the rapporteur of the case, Alexandre de Moraes, Flávio Dino and Cármen Lúcia voted.
The minister voted to order the hairdresser to 1 year and 6 months. The vote was his first divergence regarding Moraes, which – Bolsonarism symbol in the offensive by amnesty.
Deborah was transferred to house arrest on March 28. She was detained at the Rio Claro Women’s Resocialization Center in the interior of São Paulo, two years ago.
The flexibility of the arrest was authorized by Moraes after the minister denying nine requests for freedom to Deborah.
The measure occurred in the wake of great mobilization of pockets, including Congress, around the case of the accused. In a demonstration on Paulista Avenue, earlier this month, the case of the hairdresser was intensely explored, and supporters of former President Jair Bolsonaro took lipsticks to protest.
Bolsonaro often cits her case to criticize what he considers STF abuse.
As has passed two years detained, and the period counts to serve the sentence, the hairdresser can achieve regime progression this year.
The accused’s trial had been paralyzed by Fux in March. At the time, he criticized in session the conduct of cases of January 8 and said he sees “exacerbated penalties.”
The trial occurs virtually in the first class of the Supreme Court, scheduled to end May 6. Until then, ministers may change their vote, although this is not customary.
Fux was isolated. He was the only one to suggest Deborah’s conviction only for the crime of deterioration of listed heritage, excluding the other four crimes (coup d’état, attempted abolition of the Democratic Rule of Law, Armed Criminal Association and qualified damage against public heritage).
Dino and Zanin agreed with Moraes in the conviction of Deborah for all crimes – the last minister, however, suggested a minor penalty of 11 years in prison.
There was already a majority, therefore, for the condemnation of the woman who spotted the statue, but the decisive vote for the dosimetry of the penalty was that of Minister Cármen Lúcia.
The result of the trial confirms Fux’s isolation and its new positioning in the face of January 8 in the first class of the Supreme Court. In the Supreme, only Kássio Nunes Marques contested that the accused had committed crimes against democracy. Fux signals being the new thesis adept.
His new position can further shuffle the scenario in the Supreme Plenary. How it showed the Sheetthe feathers.
Until then, Fux had accompanied Moraes in the proposals of high penalties in cases similar to that of the graffiti.
“There are no elements of the defendant’s subjective binding with other accused, necessary for the co -authorship proof in the multitudinal crimes of coup, violent abolition of the Democratic Rule of Law, criminal association,” Fux said in the vote.
The minister said that the evidence presented in the judicial process show that Deborah remained only outside the Three Powers Square, without having entered any of the depredated buildings.
“What is reaped from the case is the unique proof that the defendant was in Brasilia, in the Praça dos Três Powers, on January 8, 2023 and that confessedly wrote the words ‘lost, Mané’ in the statue already mentioned,” he says.
Fux also argues that the complaint of the PGR (Attorney General of the Republic) did not individualize Deborah’s conduct on alleged adherence to the armed criminal association that sought to give a coup.
In March, Moraes and Flávio Dino voted for Deborah’s conviction to 14 years in prison in closed regime.
“It is proven by the content of his police and judicial interrogation, as well as by the evidence attached to the case file, that Débora Rodrigues dos Santos sought, in a clear attack on democracy and the rule of law, the realization of a coup d’état with a decree of ‘intervention of the Armed Forces,” Moraes said in the vote.
The rapporteur also added a complement of the vote in the virtual plenary, which states that the defendant confessed to participation in the attacks and requested military intervention.
Zanin, the third to condemn Deborah for all the crimes, presented his vote on Friday afternoon. He followed his same position in previous judgments of cases of January 8, suggesting a penalty less than that set by Moraes.
The 11 -year penalty is the level defined by Zanin for all complaints who have proven to participate in the acts of 8 January, but did not break anything during the attacks.
The prosecution of the Attorney General against Débora considers the multitudinal performance-a concept of criminal law that refers to crimes committed by a turmoil in turmoil.
The PGR understands that in this type of crime, each person who acted in the attack on the headquarters of powers had the same goal: to force the armed forces to give a coup against Lula (PT).
Following this thesis, Attorney General Paulo Gonet called for Deborah’s conviction not because she wrote the phrase “lost, Mané”. For the PGR, the punishment would be because the woman participated in the attack on powers and encouraged a democratic rupture.
In a statement to the Supreme Court, Debora Rodrigues apologized for participating in the acts of January 8 and said she chopped the statue carried out by the “heat of the situation”.
“When I came across Brasilia with the movement, I had no idea the good [valor] financial and symbolic of the statue. When I was there I already had a person doing the graffiti. Missed maybe some malice on my part, because he started writing and said: ‘I have the very ugly lyrics, girl, can you help me write?’. And then I kept doing the writing of the sentence, “he said.
