The defense of the former president () asked the (Supreme Federal Court) that the instruction of the only start after the lawyers have access to all evidence collected by.
The request was submitted in the prior defense of Bolsonaro, delivered to the Supreme on Tuesday (29)-last day of the deadline started last Wednesday (24), when the (Intensive Care Unit) in Brasilia.
In the Supreme Manifestation, Bolsonaro’s defense indicates all the evidence he wants to obtain and the witnesses he planned to interrogate during the supreme process.
The team led by lawyer Celso Vilardi argues that he changed the hitherto pacified jurisprudence by preventing the access of defenses to the full evidence before receiving the complaint.
As the material has not yet been made available to the defenses, the lawyer asks that the instruction of the process will not even start without the evidence being delivered.
“It is now required to be immediately granted access to the integrality of the evidence collected in the course of investigations, as it must be adopted before the beginning of the instruction and with a timely time so that the defense can effectively know the evidence, because there is no contradictory without knowledge, and it must be effective,” he says.
Among the evidence gathered by the Federal Police are the full cell phones seized during the investigation, computers, cloud stored data, geolocation, a list of entry and exit of the palace of Alvorada and physical documents.
Bolsonaro’s defense also asks that the minister grant a new deadline for the defendants to require new evidence and steps, such as requests for expertise and preparation of reports, as new information should arise from the full analysis of the case.
In the document sent to the Supreme, the defense of the former president also asks to be authorized to participate in the hearings of other processes related to the coup plot.
It divided the accusation of the attempted coup d’état into five nuclei. The strategy focused on separating processes between lower groups of defendants to accelerate criminal actions.
Vilardi’s team argues that, despite the separation of nuclei, the complaint is the same and the actions described in the complaint are interconnected.
“The convenience that justified the dismemberment of the complaint in nuclei cannot harm or hinder the right of defense of the accused. Whether, the dismemberment would be convenient only for the accusation, but not for the defense or for that Supreme Court,” he says.
Lawyers also question Moraes about the decision that defense witnesses must be presented at “regardless of subpoena” hearing.
As Sheet It showed, the Supreme Minister has been refused to summon the witnesses listed by the defenses in proceedings related to the attempted coup d’état. The procedure has support between STF colleagues as a way to prevent lawyers from trying to drag the process for long periods.
“It draws attention once again that in the face of a fundamental right, the interpretation that reduces its incidence has been privileged, not the one that guarantees it the greatest effectiveness, which cannot be admitted,” says Bolsonaro’s defense.
The former president appointed 15 people as witnesses in the process of the coup plot, including Marco Antonio Freire Gomes (former army chief), Carlos Baptista Júnior (former Aeronautics Chief), (PP-PI senator), Tarcísio de Freitas (Governor of São Paulo) and (Senator of Republicans-RS).
