The defenses of the main defendants of the process on the 2022 coup plot state that the accelerated pace imposed by the minister of the (Supreme Court), and the large volume of evidence seized by during the investigation have prevented the analysis of this material.
The files were sent by PF to lawyers on May 17 by email. Data add up to about 77 terabytes (each terabyte corresponds to 1,024 gigabytes).
Lawyers reports include difficulty handling the material, which arrived compactedly, with corrupted documents, and others whose password was not made available.
Moraes marked the beginning of the interrogation phase of the central nucleus defendants for Monday (9), just a week after the conclusion of the witness hearings.
To process the nearly 80 terabytes, an office bought a gamer computer, equipped to run electronic games to download files. Another ordered more powerful equipment, but considered unviable prices. Only downloads, they say, take days.
The defenses of () and Braga Netto told the Supreme Court there were evidence used in the prosecution not yet supplied, such as the files kept in cloud by the reserve general Mario Fernandes.
The PF and the Supreme Court were sought but did not speak.
A Sheet He talked in the last two weeks with the defenses of six of the eight listed in the central core of the case.
The teams expected a higher range between the testimony of the witnesses and those of the defendants, as usually happens, allowing more time to analyze the tests and study for the following phases, including preparation for interrogations.
One of the obstacles is related to the content of the seized cell phones. In general, PF sends the phones files to the parts through Cellebrite – Data Extraction and Data Analysis Installment, whose interface allows you to analyze conversation by conversation of the device.
In the case of the coup plot, several mobile phones were sent in “.txt” format. In practice, lawyers are faced with a notebook of thousands of lines with the content.
The defenses also state that new documents were added by the PF after the initial shipping and that the material came disorganized. They cite conversations as an example included with excerpts in different formats, such as the texts in “.txt” and images in separate folders without indicating connection to the original dialog.
Another point that they highlight is the fact that the main group is almost in the conclusion of the process without the other four nuclei of the PGR (Attorney General of the Republic) denunciation started the instruction, which may cause the other defendants to reach more information, while the former will have spoken unaware of the rest of the process.
The lawyer of former Justice Minister Anderson Torres, Eumar Novacki, says the progress of the case requires adaptations. “The rhythm is really quite accelerated, quite atypical, but the defense will have to adjust, has nothing to do,” he says.
According to him, at least part of the interrogation strategy is defined. “Anderson Torres will not use the constitutional right of silence. He will answer all the questions, clarify all the facts, because he is the greatest interested thing that the truth prevails,” he says.
The team led by José Luis Oliveira Lima, from the defense of Braga Netto, states that there is “absolute absence of time” for access and analysis of material in time of interrogations.
“What is intended at this time is not to delay the process of the feat, but only to obtain the reasonable deadline for the defense to be properly exercised,” says Oliveira Lima in a petition that calls for the postponement of the stage.
Moraes responded negatively on Thursday (5). The minister says that the seized archives do not make up the case file nor were used in the prosecution.
The defenses ask for the material from the beginning of the process. At the beginning of the witness hearings, lawyers presented questions of order reiterating the subject.
“It was the defenses that requested these evidence, including in oral support. In fact, neither evidence is. These are documents I gathered to the file at the request of the defenses and this cannot disturb the sequence of the instruction,” said Moraes.
PGR, led by Paulo Gonet, gave up the broad access and formulated the complaint based on reports from the Federal Police.
The defenses, however, claim that access to full investigation is important to understand the context. That is, if the PF used three phrases from a WhatsApp conversation to indict a defendant, access to that dialogue would be essential to analyze whether the context is, in fact, the one pointed out for the imputation of crimes.
Moraes stated that defenses could ask for the testimony of new witnesses if they find new evidence throughout the process.
Bolsonaro’s lawyer Celso Vilardi also requested the postponement of interrogations until full access to the material.
“If the exercise of the contradictory and the broad defense presupposes the prior knowledge, the petitioner cannot be subjected to interrogation before the evidence collected in the course of investigations is known,” he says. Moraes has not answered yet.
The first defendant to be heard will be, a former assistant of Bolsonaro and whistleblower orders. The others will be questioned by alphabetical order: (Federal Deputy and former Chief of Abin) (former Navy Chief) (former Justice Minister) (former GSI), Jair Bolsonaro, (former Defense Minister) and (former Minister of Civil House and Defense).
