The minister, of the, voted on Friday (20) to order 17 years in prison the defendant Nelson Ribeiro Fonseca Júnior for participation in the scammer acts of 8 January 2023, including theft of one is part of the House of Representatives collection.
The first class of the Supreme Federal Court began Nelson’s trial in the Virtual Plenary. Moraes was the first to vote for being the rapporteur of the case. He understood that the defendant must be convicted of six crimes (violent abolition of the Democratic Rule of Law, coup, armed criminal association, qualified theft, qualified damage and deterioration of listed heritage).
If the minister’s vote prevails, he will also have to pay a fine of $ 30 million to be divided with the other convicts.
The defendant returned the ball and surrendered to the Military Police of Sorocaba (SP) two weeks after the scammer acts. Moraes understood that the episode allows to reduce part of the penalty for qualified theft, but does not exclude the crime. As Nelson would have committed five other crimes, the total penalty was 17 years.
The defense claimed that he took the ball to “protect it”, but the thesis was refuted by (Attorney General’s Office) and also by Moraes, who maintained the conviction for qualified theft.
Ministers Flávio Dino, Cristiano Zanin, Luiz Fux and Cármen Lúcia will still comment on the virtual session by June 30. Only after the judgment has been completed and the chances of appeal is exhausted that Nelson should begin to serve a sentence.
His defense calls for acquittal, arguing that the defendant was not entitled to the contradictory or the broad defense. Lawyers also dispute the jurisdiction of the Supreme Court to judge the case.
“The defense claimed that the object was withdrawn in order to protect it, but the return of the piece only 20 days after the events misrepresent this justification and reinforces the deceit in the conduct, as a maximum of later repentance, without relevance to the purposes of exclusion of illegality or typicality.”
Camp leader
In another process, Moraes voted to condemn a man who identified himself as the “General Security Coordinator” of the camp in front of the Army HQ.
The minister understood that Diego Dias Ventura should be sentenced to 14 years in prison for the crimes of violent abolition of the Democratic Rule of Law, coup, armed criminal association, qualified theft, qualified damage and deterioration of overturned heritage.
An investigation by the Federal Police points out Ventura’s performance as Camping Coordinator of Camp. According to the PF, he opened live broadcast asking for donations to hire a kite truck to the campers. Asked about messages in which he calls himself head of security, Reu denied the fact and said he “volunteered” to help receiving donations at the site.
Ventura’s trial runs until June 30. His defense calls for acquittal for lack of evidence.
