Jair Bolsonaro, Mauro Cid and the other six defendants of the “crucial core” of the action that investigates scammer They may be silent during the interrogation from this Monday (9) in the Federal Supreme Court (STF). The right to be silent is guaranteed by the Federal Constitution.
The defendants will be questioned by the rapporteur of the action, Minister Alexandre de Moraes, the Attorney General, Paulo Gonet, and the defendants’ defense lawyers.
In the Constitution, the right to silence is provided for in Article 5, item LXIII, and states that: “The prisoner will be informed of his rights, including his silent, being assured the assistance of the family and lawyer.” The same prerogative is valid for the entire procedural process of criminal action.
Constitutional understanding follows the principle of “Nemo Tenetur if Ipsum Accusare”, which comes from Latin and means “no one is required to self-care.” In addition, the Supreme Court has already recognized the right to partial silence, which allows the defendant to answer only defense questions during the interrogation.
More specifically, the Code of Criminal Procedure (CPP) defines that “after properly qualified and scientific from the entire content of the prosecution, the accused will be informed by the judge, before starting interrogation, his right to remain silent and not answering questions that are formulated.”
with hours in the morning and afternoon, in the Session Room of the First Class of the Supreme Court.
The statements will be given in person by the defendants, except Braga Netto, who will testify for video conferencing for being in prison.
Defendants will be heard in the following order:
- Mauro Cesar Cid (former Assistant of Orders of Bolsonaro and whistleblower in the process);
- Alexandre Ramagem (federal deputy and former director of the Brazilian Intelligence Agency-Abin);
- Almir Garnier (former Navy Commander);
- Anderson Torres (former Minister of Justice and former Secretary of Public Security of the Federal District);
- Augusto Heleno (former Minister of the Institutional Security Office);
- Jair Bolsonaro (former president);
- Paulo Sergio Nogueira (former Minister of Defense); and
- Walter Braga Netto (former Minister of the Civil House).
Crime accusation
Seven of the eight defendants respond for five crimes: (1) attempted coup d’état, (2) armed criminal organization, (3) attempted violent abolition of the Democratic Rule of Law, (4) qualified damage and (5) deterioration of heritage.
Only Alexandre Ramagem responds for three crimes: (1) attempted coup d’état, (2) attempted violent abolition of the Democratic Rule of Law and (3) criminal organization. He had the accusations reduced after the House of Representatives suffered the crimes, as a parliamentary.
The First Class of the Supreme Court kept the three accusations because it considered that, when allegedly committed the crimes, branch was not parliamentary and had no immunity.
