The defense of General Mario Fernandes asked the Supreme Court (STF) to revoke his pre -trial detention or the application of the same precautionary measures imposed on Jair Bolsonaro (PL). The argument of the lawyers is that the former president of the Republic was denounced as leader of the criminal organization involving the attempted coup, a position higher than the general within the accusation.
The demonstration was filed at the Supreme Court on Saturday night (26) after the interrogations of core two of the criminal action of the attempted coup.
The defense also stated that the general “confessed no plan to kill anyone” and argued that the interrogations proved that the document “yellow green dagger” was not received by any other accused.
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On Thursday (24), Fernandes confirmed, in a statement to the Supreme Court, to be the author of the document “Green Yellow Dagger”, which described the possibility of “poisoning” by President Luiz Inacio Lula da Silva (PT) and “neutralization” of his deputy, Geraldo Alckmin (PSB).
The file had been found in a HD seized with the General in February 2024. The military said the document was not presented to anyone.
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“This digital file portrays nothing more than a thought of mine that was digitized, a compile of data, a study of my situation, thinking, a risk analysis that I did and by its own custom I decided to digitize it. It was not introduced to anyone or shared with anyone,” he said in the interrogation.
Based on the testimony, the Attorney General’s Office opined that the general should be kept arrested and said that the evidence harvested “make the applicant an inverse, after making the material, did not disclose him to his peers.”
The argument was countered by the defense of the general. The lawyers mentioned that Lieutenant Colonel Mauro Cid, whistleblower in the action, was asked about the green and yellow dagger and confirmed that he had not received a copy of the document.
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Cid also said that the general never talked to him about monitoring actions by the minister of Supreme Alexandre de Moraes, who were held by the military of the special forces. According to the defense, this information would show that the general did not participate in any concrete action involving the coup plan.
“The defense has never assumed anything, just demonstrated, and it would not be up to it, that the electronic archive was not presented to anyone, as Mauro Cid declared. Now, who cannot presume in due process of law is the accusation, which by legal imposition and without presumptions, has an effective duty to prove and prove the fact narrated in the complaint,” said lawyers Marcus Vinicius Figueiro Borges.
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The defense argues that, in the interrogation, the general only confirmed a fact already proven in the file, but did not perform any action to put the yellow green dagger into practice. Therefore, the defense states that he “did not confess plan to kill anyone.”
“The yellow green dagger was already linked to the applicant, which is why the confirmation of that archive by the applicant in his interrogation does not express any confession of crime, because as uncontroversially found was not the object of sharing or debate with any of the accused,” said the defense.
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Therefore, they claim that pre -trial detention and eventual conviction could only be based on “concrete elements” and the certainty of the evidence. They argue that the fact that other investigators were in the Planalto Palace at the same time as the document was printed does not prove the accusation described in the complaint: “Condemnation is legitimized only by certainty, never by coincidence.”
Bolsonaro’s coup decree
The general had also confirmed, in his interrogation, to have learned that former President Jair Bolsonaro discussed a decree with coup content, but said he had not participated in the construction of the document.
The Federal Police cited, in the final report, the existence of messages sent by him to Mauro Cid in which he asks Lieutenant Colonel to convince Bolsonaro to sign the decree.
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The defense stated that these elements indicate that he did not participate in the preparation of the document. “The applicant became aware of the alleged draft of the coup for corridor conversations, so much so that he never attended any meeting or any other situation involving the construction of that draft – the undisputed fact,” says the manifestation of the defense.
Finally, the lawyers requested that the General’s pre-trial detention be revoked or that the same precautionary measures imposed on Bolsonaro should be applied, as the former president was reported as leader of the criminal organization higher than Mario Fernandes in the structure of the accusation.
“Undisplane to the manifestation of the Attorney’s Office that does not reflect the reality of the facts, causing the contradiction between the complaint and the content of its manifestation, object of the present petition, imposing the revocation of the pre-trial detention or the application of the same measures recently intended for the accused Jair Messias Bolsonaro-indicated in the complaint as the leader of the criminal organization,” he requested the defense.
