The first class of the (Supreme Federal Court) decided on Tuesday (6) unanimously to make defendants seven another accused of involvement in the 2022 coup plot.
As a result, the collegiate increases the total number of defendants accused of trying to prevent Lula (PT), a list that includes former President Jair Bolsonaro (PL).
With the decision of the Supreme, they become defendants (army captain expelled), (Major of the Army Reserve), (Army Sergeant), (Army Lieutenant Colonel), (Army Colonel), (Federal Police) and (President of the Legal Vote Institute).
According to the complaint of the PGR (Attorney General of the Republic), the group disseminated false information about the electoral process, with illegal use of the structure of ABIN (Brazilian Intelligence Agency), and promoted attacks against members of the armed forces contrary to the coup.
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.
First to vote, Minister Alexandre de Moraes countered the arguments of the defenses that dismissed the accused of the complaint, either by low participation in social networks or the absence in Brasilia during the period before the attacks of 8 January.
“This is not about the accusation of a person who simply passed on news [falsa] to the other. What the complaint brings is the core acting in accordance with other nuclei, each within its tasks within this criminal organization, as called by PGR, “he said.
According to the minister, the specific conduct cannot be taken and withdraw from the context. “The accusation is made within the context in which several nuclei were investigated by the PF.”
According to the minister, the criminal organization that tried to give a coup contained a group responsible for the creation and dissemination of false news that would minimize the credibility of the Electoral Justice and public authorities.
The core denounced, according to PGR, even illegally used the structure of ABIN to produce misinformation to be used politically by Bolsonaro supporters.
“The material built by this counterintelligent 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. And the origin of the news ends up disappearing,” said the rapporteur.
Minister Flávio Dino said that the complaint brings “sufficient authorship for his receipt.” Dino evaluates that the process instruction will show relevant differences in the performance of each of the defendants, with possible acquittal and conviction.
“There is no doubt that so far there is sufficient probative support to say, without fear of making mistakes, that, given the complexity of the facts, there will be no unique solution to all circumstances […]. I believe that we will have in the instruction of the process rich debates about the existence of intent, “he said.
Luiz Fux said the receipt phase of the complaint is “very embryonic” and that the evidence of participation of the accused in the crimes described by the PGR are strong.
“This brings me the necessary peace that the judge needs to have to decide. At that moment, we have to act for the collective. It is not possible to say that there was nothing, but we need to combine these evidence with the full proof,” Fux concluded.
For Minister Cármen Lúcia, the complaint of PGR shows the structure of the creation of false news that endanger the survival of democracies, as occurred in Brazil in 2022.
“This nucleus deals with how the lies planted, disclosed, projected, and executed for a specific goal of maintaining a certain nucleus without a legitimate representative through election can remain in power,” he said.
“When the lie is at the service of hatred, the consequences are very poorly human and consequently uncompostic.”
In the receipt phase of the complaint, the first class of the Supreme analyzes only whether the PGR accusation brings minimal evidence of authorship and materiality to decide become the defendants.
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, “said Moraes.
With criminal proceedings against the accused, the defenses are entitled to receive all evidence collected by the Federal Police during the investigation. Lawyers can still request new evidence, conduct expertise on seized documents and list witnesses to be heard.
So far, the first class has made two rounds of complaint analysis, and the total defendants are 14, including, which had its own. 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.
