Minister Alexandre de Moraes argued that the records ‘portrayed undemocratic acts’ and ‘consist of public and notorious facts and are covered in the complaint’
The first class of the Federal Supreme Court () rejected on Thursday (15), the appeal presented by the former minister and general of the reserve against the display of videos during the judgment of the receipt of the complaint about attempted coup in March.
The images about the acts of January 8, 2023 in Brasilia were displayed in the plenary at the request of the minister. Lawyers José Luís Oliveira Lima and Rodrigo Dall’acqua, representatives of Braga Netto, state that the episode goes beyond the limits of the report of the Attorney General’s Office (PGR) and place the defense in an unfavorable position.
“The boundaries of the accusation must be strictly respecting, but the judicial action is no longer equidistant and favors the accusation. This is exactly what happened by bringing the episodes not narrated in the complaint, in a true reinforcement to materiality through videos of these episodes alien to the object of the complaint,” says the appeal.
Moraes rejected the arguments of Braga Netto’s defense, stating that the videos “portrayed undemocratic acts” and “consist of public and notorious facts and are covered in the complaint.”
“Considering that the content of the videos presented in a trial session is a public and notorious fact, as well as being covered by the description of the complaint, I reject the defensive allegation,” the minister said in his vote. The rapporteur was accompanied by the other ministers of the class: Cármen Lúcia, Cristiano Zanin, Flávio Dino and Luiz Fux.
*With information from Estadão Content
Posted by Carolina Ferreira
