The first class of the (Supreme Federal Court) rejected, once again, all the initial arguments of the defenses of accused of involvement in the 2022 coup plot.
On Tuesday (20), the board decides on the receipt of the complaint of (Attorney General’s Office) against Center 3. Composed of 12 complaints, this group would be behind coercive actions and would be responsible for pressuring the command of the Armed Forces and other public agents to adhere to the coup plan.
Once again, the class was unanimous about most preliminary issues raised by lawyers. The rapporteur of the case, minister, was accompanied, and integrally in the refusal of almost all these requests.
Form the group of this judgment (colonel), (colonel), (reserve general), (colonel), (lieutenant colonel), (colonel), (general), (lieutenant colonel), (lieutenant colonel), (lieutenant colonel), (lieutenant colonel) and (federal police).
In general, too, the preliminaries raised by the defenses were similar to those of the previous nuclei.
In this group, lawyers added to requests for suspicion or impediment of ministers Luis Roberto Barroso, Luiz Edson Fachin and Dias Toffoli, also rejected, also unanimously, because they do not integrate the first class.
Estevam’s defense Theophilo also stated that the Federal Police delegate who took the military testimony would have tried to destabilize him psychologically. This was the only new preliminary in the set presented at this session.
“There is no proof and it does not seem believable that a four -star general, who served abroad, was taken hostage by the UN opposite forces, would feel destabilized by a delegate speech. And he used his right to remain silent, so neither had proof produced,” Moraes replied, and was accompanied by his colleagues.
The exception was, once again, with fux at the point that deals with the competence of the Supreme Court to process and judge the case. The minister has argued that those involved have no privileged forum and, therefore, cases should be sent to the lower instances. Still, being in the Supreme, to be in the full plenary of the Court, not in the class.
The tendency is that the vows of merit will also be similar to previous analyzes and, with this, the board will increase the list of defendants to 33 by articulating the attempt to prevent the possession of Luiz Inacio Lula da Silva (PT), including the former president ().
Preliminary calls are the arguments based on procedural matters to be analyzed before the judgment of the PGR. That is, before the evaluation if the evidence of materiality and authorship pointed out by the accusation are sufficient to make the accused defendants.
Moraes stated that much of the irregularities pointed out have already been discussed and removed. One is the question spoken by several lawyers of lack of access to gross material that originated the evidence cited by the prosecution.
“The nullity of the denunciation agreement removed, we have already discussed. The defense curtailment for lack of access, for a period of double to present a defense, for a deadline for submission of response after the employee, for the accusatory excess. The question of preventive is not the appropriate time for analysis,” said Moraes.
In March, the first class as members of what was called the central core of the plot. On April 22, the Board. The last round so far was on May 6, when the.
If the prosecution is accepted, they are responsible for five crimes: attempted abolition of the Democratic Rule of Law, coup, armed criminal organization, qualified damage and deterioration of listed assets.
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