The first class of the (Supreme Federal Court) formed a majority on Tuesday (20) to make defendants more accused of involvement in the 2022 coup plot. In this session, the Court analyzes with pressure from military to military and other public agents to join the coup plan, Nucleus 3.
For the first time, the board refused to proceed with the lawsuit against two of the accused. In the assessment of the ministers, there is not enough evidence against the colonel and the general, but only references to the names of both in the accusatory piece.
As a result, the board increases the total of defendants accused of trying to prevent Lula (PT), a list that includes former President ().
This Tuesday’s core is mostly composed of military personnel who, according to PGR (Attorney General’s Office), encouraged the coup d’état despite the position of the high command of the army.
So far, they have voted Alexandre de Moraes, Flávio Dino and Luiz Fux.
On Tuesday, the analyzed group includes (colonel), (colonel), (reserve general), (colonel), (lieutenant colonel), (colonel), (general), (lieutenant colonel), (lieutenant colonel), (lieutenant colonel), (lieutenant colonel) and (federal police).
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, he countered the arguments of the defenses that dismissed the accused of the complaint.
In an unprecedented way, however, the rapporteur considered the complaint filed by the PGR (Attorney General of the Republic) to two of the military.
“It is not found here in the minimum evidence of the occurrence of criminal offenses in relation to both. There is description, but it is not reasonably based on evidence of elementary practices of the various penal types either by Cleverson Ney Magalhães or Nilton Diniz Rodrigues,” he said.
Flávio Dino accompanied the full minister. “I follow not the absence of evidence, I consider that there is no minimum standard. What is very fragile. These allusions are not accompanied by facts, messages, evidence,” he said.
Previously, the ministers, however, accepted the complaint against the other ten members of the nucleus. In the votes, they countered the defenses that stated that the end of the end of 2022 to hit strategies and the construction of a letter of officers who pressed the army command to join the attempted coup d’état would have actually been a celebration.
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 whether there are sufficient elements to open a criminal action.
In the next stage, the process of the process is based, with testimonies of witnesses and the defendants. It will be up to the PGR to present the 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, “Moraes said at Nucleus 4 session and repeated this Tuesday.
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 three rounds of complaint analysis, all accepted unanimously. 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 was also the defendant on May 6.
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.
