The minister, of the (Supreme Federal Court), voted to condemn the mechanic Fabio Alexandre de Oliveira to 17 years in prison. He was filmed during 2023 sitting in the minister’s chair.
For the minister, Oliveira must be sentenced to penalties larger than the minimums provided for in the Penal Code because the defendant had unfavorable conduct in all circumstances evaluated in court.
“It is extremely serious the conduct of participating in the operationalization of a criminal concert returned to annihilate the essential pillars of the Democratic Rule of Law, through violence and very serious damage to public assets,” says Moraes in the vote.
The trial takes place in the Virtual Plenary of the Supreme Court, scheduled to end August 5. The votes of the ministers are missing, and.
The (Attorney General’s Office) described in detail in its final allegations the conduct of Fábio Alexandre de Oliveira on January 8.
According to the prosecution, Erlon Paliotta Ferrite filmed Oliveira from within the STF plenary after a multitude invaded the court. The defendant was “wearing gloves to hinder his typed identification with gases protection mask over his legs.”
The Attorney’s Office says that the pieces used by Oliveira and the context show the “intention and preparation for the practice of acts that they could result in confrontation with the public security forces that guided the invaded buildings.”
In the video released on social networks, Fábio Oliveira appears sitting in one of the armchairs used by the ministers of the Supreme. “Xandão’s chair here, O! Here, Vagabundo! Here is the people who send,” says the defendant, who then utters bad words, according to the transcription of PGR.
Ferrite, who recorded the video, adds: “Xandão’s chair now is from my brother Fabio! And it was! We took Xandão’s chair there, O”.
“The Judicial Police Analysis Report n. 105/2023 also identified another video in which Fábio Alexandre de Oliveira is seen at the January 8 coup event, in the company of an unidentified third party, rising the ramp of Congress,” says PGR.
Moraes highlights in his vote that the defendant recognized during the process that he recorded the video. However, he tried to “disqualify the content, claiming that he was unaware that he would be broadcast live and that he was a” joke. “
The defense requested the acquittal, said that the case should not be processed in the Supreme and argued that it did not have full access to the tests. He said that the defendant only “exercised his constitutional right of manifestation” and that there was no evidence that violent action had occurred.
“The broad documentation attached to the file, demonstrative of the encouragement of the accused, corroborated by interrogation before the detailed detailed in the previous item, confirm the practice of the offense imputed by the Attorney General,” says Moraes.
The first class of the Supreme Court also judges until early August businessman Pedro Luís Kurnczi, accused by the PGR of funding the former president’s supporters’ trip to the scammers of January 8 in Brasilia.
According to the complaint, the entrepreneur beat 153 people to the Federal District.
Moraes voted for Kurunci’s conviction at 17 year in prison – the maximum penalty that has been given by the Supreme in cases related to January 8.
