The minister, of the (Supreme Federal Court), voted on Tuesday (6) to make defendants 7 more involved in the attempt to prevent the inauguration of Luiz Inacio Lula da Silva (PT). If his vote is victorious, 21 involved will respond to criminal action.
“It seems to me that with absolute certainty at this procedural moment, it satisfactorily described it all circumstances, all evidence. I never tire of congratulating the Federal Police for the investigation,” said the minister.
Moraes pointed out that, at this stage, the first class of the Supreme analyzes only minimal evidence of authorship and materiality to decide whether to receive the complaint. Open the criminal action, it will be up to the Attorney’s Office to present all evidence to confirm the truth of the suspicions.
“The Attorney General’s Office will have to prove fact because there is reasonable doubt. If there is no proof, we will have here the principle ‘in dubio pro reo’. [acusação] initial, “he added.
Core 4 of the coup plot, judged on Tuesday, is accused of improperly using the structure of ABIN (Brazilian Intelligence Agency) to attack authorities and institutions; disseminate false information about the electronic ballot boxes; Try to manipulate the Armed Forces report on the electoral process; and attack the commanders of the Army and Air Force, who did not join the conspiracies
The accused of this core are (army captain expelled), (Major of the Army Reserve), (Army Sergeant), (Army Lieutenant Colonel), (Army Colonel), (Federal Police) and (President of the Voting Legal Institute).
They are accused of committing five crimes: attempt to abolish the Democratic Rule of Law, coup d’état, armed criminal organization, qualified damage and deterioration of listed heritage.
The defendants of the accused complained to the Supreme Court that the PGR denunciation does not have detailed evidence of the performance of each of those reported by the coup plot. They argued, among other points, that the complaint is generic and should be rejected.
One of the main points questioned by the lawyers was the fact that their clients were accused of qualified damage and deterioration of the equity listed by the acts of January 8, 2023. None of the seven accused were present in the invasion of the headquarters of the powers.
Moraes, however, questioned this thesis of the defenses. “We cannot take the specific conduct and remove from context […]. Criminal law allows PGR to expose that each one, with their conduct, is over – even more or smaller – contributing to the final result, “he said.
Moraes says there was “production and distribution of fraudulent news in attack on the judiciary, the Supreme Court, the TSE and the fairness of the elections.” “What is narrated by PGR in relation to this core is that the accused were part of this structure within a criminal organization.”
Moraes also stated that the parallel ABIN structure existed since the beginning of the Bolsonaro government in 2018, forming a group of counter -informing that researched possible opponents for the production of misinformation to be used by the politicians involved.
“The material constructed by this counter -league cell was later passed on to social networking vectors. That same fraudulent news production structure, to defame the judiciary, the TSE,” he said.
“From this, the nucleus produced fake profiles, robots and the political core appeared to give voice to this news. How was the political core that was disclosing, the press was disclosing. The origin of the news ends up disappearing,” said the rapporteur.
The minister also related the nuclei of complaints stating that Nucleus 1, which included members of the government, with the accused of the complaint analyzed on Tuesday.
“The actions gain even more relief from Jair Bolsonaro’s public speeches and the cell’s targets at ABIN, confirming the criminal organization,” he said.
After reading excerpts from the complaint that included messages exchanged among the accused, Moraes once again stated that they would be in a broader context than isolated conversations.
“It is not possible to understand that it is an outburst between friends. Precisely because logical chain shows that there is a purpose: the instrumentation of these messages for the coercion of, no one else, than the army commander,” he said.
The first class of the Supreme Court made two rounds of complaint analysis. So far there are 14 defendants for the coup plot, including the former president (), who had his. The Supreme Court decision paves the way to judge the merits of the case against the ex-Mandanker until the end of the year.
The attempted institutional rupture was analyzed on March 26. Those who became defendants in core 2 were characterized as part of the “action management” around the coup, with.
There are two more nuclei to be analyzed by the Supreme. The next, on May 20, is composed mostly by military personnel who, according to PGR, encouraged the coup d’état despite the position of the Army High Command.
The last nucleus is composed only by the former presenter of young Pan Paulo Figueiredo. Without the accused being personally summoned in the United States, where Paul lives for ten years.