The first class of the (Supreme Federal Court) sentenced to 17 years in prison the man who would have committed crimes against the rule of law and stolen ball autographed by the player in the House of Representatives.
The result of the trial, held in the virtual plenary of the Court, was published on Tuesday (1). Nelson Ribeiro Fonseca Júnior was convicted of the crimes of violent abolition of the Democratic Rule of Law, the coup, damage and theft, deterioration of the listed heritage and the armed criminal association.
He was also forced to contribute to the payment of a fine of $ 30 million, to be divided with the other convicted. The understanding of the rapporteur’s case, the minister, was followed by Flávio Dino, Cristiano Zanin, Luiz Fux and Cármen Lúcia.
Moraes considered, to set the sentence, that the defendant’s culpability turned out to be “sharp” and that he not only joined the criminal group for the institutional break with a coup, but also instigated third parties to do the same.
“The conduct of participating in the operationalization of a criminal concert is extremely serious to annihilate the essential pillars of the Democratic Rule of Law, through violence and very serious damage to public assets, as already registered and reiterated throughout this vote,” he said.
According to the complaint of (Attorney General’s Office), when he was heard by the Federal Police, the defendant admitted to having participated in the demonstration in the Praça dos Três Powers on January 8 and entered the National Congress.
He would also contact that, inside the building, he found the soccer ball on the floor already taken from the protective container and would have taken over the object “to protect it and return it later, because at that time the security authorities prevented refund”. He would have been with the object for more than two weeks.
According to the Moraes vote, Fonseca Júnior was identified from his voluntary presentation to the Sorocaba Military Police in Sao Paulo on January 28, 2023. At the time, he contacted military police in order to return the soccer ball and, after that, was taken to the city police station.
Moraes stated that it was proven, both by the broad investigation carried out by the Federal Police, and by the evidence contained in the case file, especially for the admission of the defendant himself, in court, that he was present inside the House of Representatives and from there withdrew the ball.
The defendant’s defense even requested his acquittal, claiming that he was not entitled to the contradictory and also contested the jurisdiction of the Supreme Court to judge the case.
