STF makes defendants the 7 accused of the ‘core of misinformation’ of the alleged coup

The first class of the Federal Supreme Court () received on Tuesday (6), the complaint of the Attorney General’s Office () against the seven accused of the “core of misinformation” of the alleged coup plan to keep the former president (PL) in power after defeat in the 2022 elections. The vote was unanimous.

With the decision, the group will respond to criminal proceedings for five crimes – armed criminal organization, coup d’état, attempted violent abolition of the democratic state, deterioration of listed assets and qualified damage against the heritage of the Union. Ministers Alexandre de Moraes, Flávio Dino, Luiz Fux, Cármen Lúcia and Cristiano Zanin voted to make all the denounced.

See who will respond to the process:

• Ailton Gonçalves Moraes Barros, retired army captain;
• Ângelo Martins Denicoli, Major of the Army Reserve;
• Carlos César Moretzsohn Rocha, former president of the Voting Legal Institute;
• Giancarlo Gomes Rodrigues, Army Lieutenant and former server of the Brazilian Intelligence Agency (ABIN);
• Guilherme Marques de Almeida, Army Lieutenant Colonel;
• Marcelo Araújo Bormevet, Federal Police and former ABIN server;
• Reginaldo Vieira de Abreu, Army Colonel.

In this group, there are seven complaints who, according to PGR, were responsible for “strategic misinformation operations” and attacks on the electoral system and institutions and authorities. The complaint states that they contributed to the “larger plan of the organization and effectiveness of their actions to promote social instability and consummation of institutional break”. The first class has also received complaints against the “crucial core” and the “management core” of the coup.

Accusations

The “core of misinformation” (core four) brings together accused who, according to the Attorney General’s Office, participated in different ways to disseminate fake news that kept pockets mobilized against the outcome of the election.

The complaint mentions, for example, the use of ABIN’s structure as a counterintelligence center to generate false news, promote attacks on institutions and monitor authorities.

The accused were also accused of threats and attacks on Army Commanders, General Marco Antonio Freire Gomes, and Aeronautics, Lieutenant Brigadier Carlos de Almeida Baptista Junior, who rejected the coup.

According to PGR, the group also tried to manipulate the Ministry of Defense report that attested to the integrity of the polls and ruled out fraud in the 2022 elections.

This nucleus would have been responsible for producing false materials on the ballot boxes for dissemination by Argentine influencer Fernando Cerimedo in a live broadcast and to subsidize the Liberal Party’s action with the Superior Electoral Court (TSE). The PL requested the annulment of the result of the 2022 elections alleging malfunction of part of the polls.

The defenses sought to take off the complaints from the coup plan leaders. In oral support in the Tribune of the First Class of the Supreme Court, the seven defendants’ lawyers claimed that their clients did not have a decision or influence enough to contribute to January 8.

The Deputy Attorney of the Republic Claudia Sampaio Marques, who spoke on behalf of the PGR, in turn, defended the full receipt of the complaint. She argued that all the accused “acted and competed for a coup d’état.”

Judgment

The First Class of the Supreme Court analyzed if there were enough elements to receive the complaint – which is called in the legal jargon of “just cause of criminal action” – and open criminal proceedings.

At this stage, as a rule, there is no value judgment on the accusations. The judgment of the merits of the process will only occur after the so -called action instruction – a step in which witnesses are heard and new evidence can be produced.

The ministers found only whether the complaint met the formal requirements for their receipt. The first class analyzed whether the PGR proved the materiality of the crimes, that is, demonstrated that they happened and described the context. The authorship and participation or not of each accused will only be analyzed in the judgment of the merits of the accusations.

“It seems to me here, with absolute certainty, that, for this procedural moment, the Attorney General’s Office satisfactorily described the typical and illicit facts,” said Minister Alexandre de Moraes, rapporteur of the case. “I think it’s not just an option, but in my view it is a duty to receive this complaint,” added Flávio Dino.

Minister Luiz Fux also argued that the Supreme Court should receive the complaint because it has “no macula.” “We will receive the complaint because that is how it proceeds,” said Fux. “With these signs of authorship and a complaint drawn up by the Attorney General’s Office with such care, it would be abominable to welcome her from ineptitude, a complaint that goes exactly to the details.”

Carmen Lúcia considered that the evidence is “enough and strong.” Minister Cristiano Zanin, president of the First Class of the Supreme Court, said that “the presence of documents, audios, police reports, recordings, use of highly invasive tools and production of a large volume of false or faudulent content was clear.”

“Modus operation”

As a rapporteur, Moraes opened the vote. His vote was the longest. The minister countered the defenses and argued that the accusations need to be analyzed in the context of the coup plan. Moraes pointed out, for example, that fake news allegedly disseminated by the “disinformation core” coincide with statements by former President Jair Bolsonaro in public speeches and Lives, which in the minister’s assessment demonstrates a coordinated performance.

“This is not the accusation that ‘ah, one person simply passed on one news to another.’ What the complaint brings is the nucleus acting in strategic compliance with other nuclei, each within their tasks in this criminal organization,” the minister added.

Moraes also referred to the Federal Police report in the digital militias survey, which pointed out a “orchestrated performance” of Bolsonarists to promote attacks and fake news to gain political projection and profit from the monetization of fake news on social networks.

“There was a core of production, dissemination and financing of fraudulent news and the political core. These facts are proven,” said Moraes. For the minister, the reports of the “core of misinformation” of the coup contributed “to a greater or lesser extent” to the coup plan. Moraes also stated that the group took advantage of the same “modus operandi of digital militias” to play a portion of the population against the judiciary and the electoral system. “One cannot relativize strength, which can be an evil force of social networks.”

*With information from Estadão Content
Posted by Carolina Ferreira