Unanimously, STF makes military defendants for attempted coup

That of the (Supreme Federal Court) decided this Thursday (6.mai.2025), unanimouslyaccept the complaint of the (Attorney General’s Office) against 5 military and 2 civilians for attempted coup.

With this, a criminal action is started at the Court and the accused are responsible for the crimes of violent abolition of the democratic rule of law, attempt to coup d’etat, criminal organization, qualified damage e DECLARED OF HERITAGE. If the maximum punishments for each offense are considered, the penalties for the accused They can reach 36 years.

For each crime:

• violent abolition of the Democratic Rule of Law – Penalty ranges from 4 to 8 years in prison;
• coup d’etat – penalty of 4 to 12 years;
• criminal organization – Penalty of 3 to 8 years;
• Qualified Damage – penalty of 6 months to 3 years;
• deterioration of listed heritage – penalty of 1 to 3 years.

Known as the group of “Disinformation”the defendants are to form a criminal organization to keep the former president (PL) in power.

They contributed by monitoring authorities, with the production of false information about the electoral process and the articulation of virtual attacks. According to the PGR, the accused participated in the preparation of a fraudulent report on manipulation of voting electronic ballot boxes, which based on false content disseminated on social networks and also a representation in the TSE (Superior Electoral Court) against the result of the electoral election.

According to the prosecution, those involved knew that the information was false, but it still disclosed it to maintain the popular mobilization that would culminate in the acts of January 8 and to press the armed forces commanders to adhere to the coup.

Remember the role of each investigated:

• AILTON GONÇALVES MORAES BARROS (Major of the Army Reserve) – would have articulated virtual attacks and disclosed false information in the military against generals Freire Gomes and Baptista Júnior, then commanders of the Army and Aeronautics, respectively, who refused to join the attempted coup;
• Ângelo Martins Denicoli (Major of the Army Reserve) – It would integrate the group committed to finding fraud at the polls. He would have made the bridge between an Argentine influencer who released a report with false information about the electoral process and the IVL (Voting Legal Institute), which prepared the material based on untrue allegations;
• Carlos Cesar Moretzsohn Rocha (Engineer and President of the Voting Legal Institute) – Hired by the Liberal Party, Rocha would be responsible for testing hypotheses of fraud at the ballot boxes that circulated through social networks. It would not have been able to prove any inconsistency, but prepared a report based on false information, which was founded on an Argentine influencer’s live and a representation of the PL filed in the TSE (Superior Electoral Court) requesting the revision of the election outcome on the argument of electoral fraud;
• Giancarlo Gomes Rodrigues (Army Warrant Office) – At Abin, it would use the agency’s structure to gather information about authorities, including STF ministers, to articulate virtual attacks on social networks that were vectors of misleading content propagation;
• Guilherme Marques de Almeida (Army Lieutenant Colonel)-In the Coter (Terrestrial Operations Command), it would have created and propagated in massive information and undemocratic content about the judiciary and Brazilian elections to perpetuate the feeling of popular distrust;
• Marcelo Araújo Bormevet (Federal Police Agent) – At Abin, guided Giancarlo about the information that should be raised and how to build attacks on the authorities; and
• Reginaldo Vieira de Abreu (Army Colonel)-Chief of staff of Mario Fernandes, then secretary general of the Presidency of the Republic, would be involved in the attempt to manipulate the content of the Armed Forces report that attested the absence of fraud and unlawfulness in the 2022 elections.

Vote

The rapporteur, Minister Alexandre de Moraes, was the 1st to vote. He acknowledged that there is “sufficient evidence of authorship” to receive the complaint against the accused and start a criminal action.

During oral support, the defenses of the defenses called for the rejection of the complaint. Argued that the complaint did not detail the individual participation of each accused. Regarding the participation of the accused, Moraes stated that it is not possible to separate conduct from the context.

“What is narrated in the complaint by PGR is that this core was part of this structure within a criminal organization, which participated in the production of fraudulent news. […] This is not a person who has passed news to another ”he declared.

Minister Luiz Fux also accompanied the rapporteur. His vote formed a majority to make the defendant group. Acknowledged that all the actions of the group were given to “Discredit the electoral process and the electronic ballot boxes with a common goal”. Stressed, however, that the procedural phase is “Embryonic” and that the evidence – re -known as strong enough to start criminal action – must be proven.

Flávio Dino also fully accepted the complaint. During the session, Dino stated that the group’s misinformation actions represent a debate, often “Minimized”on the nature of false information as a path to the execution of a crime. Stated that, in crimes, the “fake news” can be “As cruel as an explosive or poison, although they do not have the same materiality”.

In his vote, Dino signaled that, throughout the next phase of the criminal action, the collegiate will give different answers that will go from acquittal to convictions.

“Given the complexity of the facts and the diversity of conduct, there will be no unique solution to all circumstances. We will have, in the course of instruction, successive and differentiated answers, going from any acquittal and convictions.”he declared.

Minister Cármen Lúcia accompanied the rapporteur. He also agreed with the severity of misinformation and acknowledged that the debate is important. Stated that false information is a “Instrument from which it is used to dismiss the institutional reliability of democracy” which, once contaminated, is able to “Top up any structure”.

“Nowadays the lie has become a commodity. It is paid for it, some win, some do, to buy anti-democracy. The lie is used as a specific instrument for a purpose, as I need a weapon.”he declared.

Finally, Minister Cristiano Zanin voted to receive the complaint. He understood that there is materiality of the narrated crimes and evidence of authorship to receive the prosecution. The president of the board ended the session at 5:29 pm and canceled the scheduled audience for Wednesday (7.MAI).

Next Steps

The PGR decided to slice the complaint about the attempted coup in 4 nuclei. The 1st class of the Supreme Court has already accepted the complaint against the crucial nucleus, the management nucleus and now the disinformation nucleus. The collegiate still needs to analyze the receipt of the prosecution against the Operations Center, scheduled for May 20 and 21.

With the criminal proceedings open, a new phase of criminal instruction begins. Read the next steps for case analysis:

1. interrogation: From the opening of the criminal action, the rapporteur, Alexandre de Moraes, will designate dates of interrogation. The defendants will be cited (formally informed) on the date of interrogation and may defend themselves and may be accompanied by their lawyers.
2. Prior Defense: After the defender’s interrogation or subpoena, each will have 5 dias to present your prior defense. If the lawyer presents new documents or evidence, the other party (prosecution) will be summoned to speak up within 5 dias.
3. Procedural Instruction: During the instruction phase, the tests will be produced. This includes the hearing witnesses and the collection of Other probative elements. The rapporteur may request new steps or evidence, or may even delegate to a lower judge to perform some acts, such as the interrogation or testimonialsif this involves competence of another location.
4. Final allegations: after instruction (or test collection), both indictment as for defense will have a deadline 15 dias to present your FINAL ALLEGATIONS in writing. If there is new evidence or documents presented in the phase of the final allegations, the parties will be summoned to comment on them within 5 dias.
5. judgment: the collegiate (1st class) will then judge the case based on the evidence and final allegations presented by the prosecution and the defense. During the trial, it is possible that there is oral supportin which the parties (accusation and defense) can manifest themselves before the judges. The accusation has 15 minutes To speak, and the defense will also have its time. After the debates, the Court will deliberate on the guilt or not of the defendants.
6. decision: After the trial, the 1st class may decide for culpability or innocence of those involved. If they are condemnedthe sentence will determine the penalty.
7. Appeal: If there is convictioneach defendant can resort of the decision, from embargoes of declaration (appeal that calls for clarification on the judgment). If the defense do not resort or if the resources are rejectedthe decision tire and the defined penalty must be executed.