The minister of the (Supreme Federal Court) denied on Tuesday (10) that the defense of the former president displays videos when he is questioned by the court.
Bolsonaro will be heard by the rapporteur in the resumption of the testimonial session of the defendants of the main core of the 2022 coup plot.
Bolsonaro lawyers have asked to allow the Supreme Court’s first class “and any other media and audiovisual resources that are necessary.”
According to Moraes, the interrogation, within the legal process, is a moment for the exercise of self-defense, where the defendant appears before the judiciary to present his version of the facts, contradict the arguments of the prosecution, point out evidence to be brought to the file and answer, if necessary, the questions of the court, the prosecutor and the other co-areas.
But that does not include new materials.
“In interrogation, the defendant and his defense can use, point and refer to any proof present in the case file, but it is not the proper time for the presentation of new evidence, not yet attached to the file and unknown to the parties,” said the minister.
During the trial that received the complaint against the former president and the other 7 defendants of the group, the acts of January 8, 2023.
The images show scenes of the attacks and the invasions of the headquarters of the three powers. “No Bible is seen, no lipsticks are seen. But the request for military intervention is seen,” he said.
At the time, the lawyers of those involved complained about the rapporteur’s measure, claiming that the material was not in the file, which prevented the work of the defenses from responding to the allegations.
Moraes also commented on the subject in the session and stated that the Code of Criminal Procedure and the Code of Civil Procedure allow the use of “notorious and public facts”.
“Just as I could, in my vote, describe this in writing, could put audio or could put video, because both the Code of Criminal Procedure and the Code of Civil Procedure allow notorious and public facts that the judge uses. All these facts are public and notorious,” he said.
