The general’s defense again requested the revocation of the military’s pre -trial detention to the (Federal Supreme Court). The argument is that the current context is different from when the measure was authorized, considering the phase in which the scammer process is.
The appeal was presented on Wednesday (28). According to lawyer José Luis Oliveira Lima, in the request, after more than 160 days of prison, the reasons were not explained by which alternative measures would not be sufficient for the case.
“It is currently undeniable that there are no ongoing investigations to be protected, just as there is no more confidentiality about the award -winning denunciation of. Still, the prosecution witnesses, the collaborator witnesses and the common witnesses between prosecution and defense have been listened to,” he says.
The defense also asks that if the arrest is not reconsidered, the appeal be tried by the first class.
“Keep Ben. Braga Netto preemptively arrested on the grounds of a factual situation allegedly unchanged at this point means allowing the aggravating factor to protect the advance of an already finished investigation, the confidentiality of an allegation that has been made public by the Hon.
Braga Netto was arrested on December 14, 2024, on the grounds that he allegedly tried to access the denunciation of Lieutenant Colonel Mauro Cid to interfere with the investigations that processed the 2022 coup plot.
“Gen. Braga Netto is a reserve military, without history of disobedience to court orders or conduct that justify the adoption of such a severe measure. Moreover, as already shown, there is no concrete indication that it is a risk to public order, procedural instruction or the application of criminal law,” the lawyers say.
On May 22 ,. It was the second negative of the minister, against appeal delivered the day after receipt of the complaint of (Attorney General’s Office), according to which the military would integrate the central core of the attempt to maintain in the Planalto Palace.
The minister states, in the decision, that “the factual situation” existing when the military was arrested remains unchanged and that the beginning of the criminal instruction of the process, in which witnesses are heard, demonstrates “the need to maintain pre -trial detention” to “ensure the application of criminal law in view of the danger generated by the state of freedom of the custodian”.
Moraes invokes the testimony of one of the witnesses, former Air Force commander Baptista Júnior, who said this week that Braga Netto guided military to attack him because he was “contrary to the coup plan of the criminal organization.”
Now, the defense says that the former FAB chief stated that it only came to the conclusion that Braga Netto would be the alleged principal of such virtual attacks after the Federal Police presented to the lieutenant brigadier a print of a December 2022 conversation, and expressed his interpretation of the dialogue.
It would have been a police hypothesis. Still, there would be no concrete facts indicating the risk generated by the general’s freedom.
“Another relevant fact ignored by the decision is that the same witness of prosecution clearly asserted that Gen. Braga Netto did not participate in any of the meetings in which the alleged coup plot was discussed,” the defense says.
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