The minister of the (Supreme Court), denied on Tuesday (24) a request of the defenses of the case about the to record the interim between the lieutenant colonel and the general and former minister.
According to Moraes, the negative would be important to prevent the defendants from being subjected to improper pressures and the instruction of the process from suffering from possible leaks.
“The request was rejected since the license is an act of instruction of the court and not an act of defense and to avoid improper pressures, including by past leaks of what would or would not be asked to the ornament, who could compromise the criminal procedural instruction,” says an excerpt from the minutes of the hearing.
This was the first act of the coup plot that was not recorded. The procedure diverges from the adopted and us.
For the Professor of Criminal Procedural Law at the Faculty of Law of USP (University of São Paulo) Gustavo Badaró, the interrogation is a “prolongation of interrogation” of the defendants. For this reason, one should privilege the recording of the hearing.
“It does not seem to me that there is nothing specific or peculiar in acoreações that justifies that it has an exceptional registration treatment, unlike other legal acts. It must follow the same general rule, which is preferably audiovisual recording,” he said.
The negative of Moraes caused protests of the defendants’ defendants of the case about the attempted coup d’état. Lawyer José Luis Oliveira Lima, defender of Braga Netto, said that the decision of the Supreme Minister violated the prerogative of law.
“The defense needs to note that it had its prerogative violated. All the acts of this process were recorded and public opinion had access. In this case, which is a fundamental procedural act to take the details of each other’s speech, unfortunately-of course, the render minister-this defense asked the act to be recorded and was denied,” he said.
Four lawyers who participated in the hearing informed the Sheet Which, in denying the request, Moraes made a joking comment with the defense of Braga Netto.
The backdrop of the joke was the fact that Oliveira Lima asked the Supreme Court, at the beginning of the month, that under the risk of spectacularization of the process and the defendant’s overexposure generating losses.
Moraes told lawyers that it made no sense for the lawyer to ask now to filming the storage if he had previously criticized the exposure of procedural acts. This argument is not in the minutes of the hearing released by the Supreme and approved by the defenses.
Oliveira Lima decided to present a representation to the Brazilian Bar Association (OAB) to inform the case and request support from the entity in the face of alleged violations of the defenses in the process.
The document must be delivered to the OAB by Thursday (26). Sought, the entity did not speak. The STF’s advisory reported that Moraes manifests itself on the case only in the file.
Head of the former president of the defense team, lawyer Celso Vilardi said he caused a “huge surprise” the negative of Moraes. For him, the minister’s decision impairs the progress of the process.
“All the other acts of the process were transmitted, some even to you in the press. And I thought it was unfortunate not being transmitted today because, in fact, the whistleblower did what he has done repeatedly: he lied and, in my way of seeing, was demoralized,” he said.
Lawyer Matheus Milanez, from the defense of former Minister Augusto Heleno, also questioned the decision not to film the license among the defendants.
“In the recording you can see people’s face, the intonation of the voice, the way it moves. This adds to convincing formation. But this act is manual? In the 21st century, all digital, all recorded? Is the hearing of witness by video, face -to -face interrogation and personal, but not recorded,” he said.
Mauro Cid’s defense was the only one not to present contrary to the lack of filming of the acareação. Lawyer Vânia Bitencourt told Sheet that the hearing had few practical results for the process.
“To do a caress, you have to be very sure that you will overthrow the other’s contradictions. This did not happen. It was just provocations. The ICD was very safe,” he said.
The Supreme Court made two trims on Tuesday in the process of the coup plot. Mauro Cid and Braga Netto faced for about an hour and a half. Then the hearing followed with the confrontation between the versions of former Minister Anderson Torres-which is defendant-and former army chief Marco Antonio Freire Gomes, witness in the process.
