The defense of General Walter Braga Netto presented on Tuesday, 22, an appeal to the first class of the Supreme Court to try to reverse the precautionary arrest imposed by Alexandre de Moraes. The former minister of the Bolsonaro Civil House and defense has been arrested since December 14 in Rio’s military village on suspicion of trying to obstruct the trial of the coup plot. In the petition, the defense claims that there is no ‘concrete evidence’ that, in freedom, Braga Netto is a risk to public order.
Braga Netto’s new request – signed by criminalists José Luís Oliveira Lima, Rodrigo Dall’acqua and three other lawyers – is a ‘regimental interlocutory appeal’ seeking to review monocratic decisions. Last Wednesday, 16, Moraes maintained the prison arrest of the military.
The defense points out that the minister’s decision was not based on ‘concrete and current facts’.
“Keep General Braga Netto preemptively arrested on the grounds of a factual situation allegedly unchanged at this point, in the face of all those presented, it means that it will go deprived of his freedom to protect the advancement of an already finished investigation, the confidentiality of a report that has already been made public, or the hygidity of a procedural instruction that has already ended,” the defense protests.
For Braga Netto’s lawyers, the opinion of the Attorney General’s Office-for maintaining the arrest of the officer-also did not present ‘concrete grounds’. “It jumps to the eyes that the transcribed passage from the opinion of PGR is also totally generic and laconic, making the absence of concrete foundations for maintaining Braga Netto’s precautionary custody.”
According to the defense, ‘it was not pointed out in the opinion and the aggravated decision itself any new and contemporary fact, no concrete reason for alleged danger generated by freedom, nor reasonable justification not to apply any alternative precautionary measures’.
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“Only the alleged presence of precautionary custody requirements is reaffirmed by means of legal provisions.”
Against the first arrest decree in December 2024, the military defense even filed an appeal to the First Class of the Supreme Court. In March unanimously, the board upheld Moraes’s decision.
Anticipation of penalty
The general’s lawyers point out that the STF’s own jurisprudence has already pacified that it is manifestly illegal to maintain pre -trial detention without indicating concrete and current facts that effectively demonstrate the risk generated by freedom. ‘
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“There is clearly precedent that ‘in order to decree pre -trial detention, the judge must refer to new and contemporary facts, pursuant to article 312 of the Criminal Procedure Code.”
The defense notes that ‘it is also a peaceful understanding of this supreme court that it is inadmissible to maintain pre -trial detention without proper demonstration of risk or danger, as in this case, as it constitutes the prohibited anticipation of penalty’.
Mauro Cid
Braga Netto’s defense rejects once again that the general would have acted to ‘obtain information related to the collaboration agreement signed with Mauro Cid’, the former Bolsonaro orders.
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“There is no way to continue to claim that Braga Netto would have acted to obstruct the investigation. With the publicization of the case of Mauro Cid’s denunciation, it has been confirmed as stated from the beginning by this defense: there have never been a minimally reliable evidence to support the police conclusion of alleged interference at investigations by Braga Netto. That the employee said he did not get pressure from anyone to pass the content of the denunciation, even because everything was already released in the media. ”
