The minister, of the (Supreme Federal Court), denied on Wednesday (6) the release of former minister and general, defendant for allegedly participating in the.
Moraes stated that there is evidence of and, therefore, there is no change in the general’s legal situation that allows a flexibility of his pre -trial detention.
The former minister has been arrested since December 14, 2024.
Braga Netto’s defense requested the end of the general’s pre-trial detention after Minister Alexandre de Moraes determine the first precautionary measures against former President Jair Bolsonaro (PL), such as the use of an electronic anklet.
The former minister’s lawyers told the Supreme Court that they saw Bolsonaro’s precautions a different treatment for the defendants. “By the principle of isonomy, which guarantees Gen. Braga Netto, at least, egalitarian treatment in relation to the corridors of this criminal action, the revocation of their precautionary custody with the application of measures provided for in Article 319 of the Code of Criminal Procedure,” said the defense.
The PGR (Attorney General of the Republic) was against the release of the general. Prosecutor Paulo Gonet told the Supreme Court that the reason for Bolsonaro and Braga Netto’s precautions was different.
In the case of Braga Netto, PGR argues that the fact that General Mario Fernandes has confirmed the idealization of the green and yellow dagger plan, which provided for the murder of authorities, reinforces the need for “maintenance of precautionary protection to the detriment of individuals reported as protagonists of the coup project”.
Bolsonaro’s situation is different. According to the PGR, the former president is suspected of trying to obstruct the process about the coup plot and pay against national sovereignty. There was also, in Gonet’s view, the risk of escape.
“Therefore, there is no offense to the principle of isonomy, given the lack of specific disadvantage of the applicant, whose pre -trial detention was based on its own reasoning,” said PGR.
Moraes stated that Braga Netto’s request for the defense of isonomy is not enough to grant provisional release to the general.
“Again, in the specific case, I point out that the requirements of Art. 312 are present in relation to Walter Souza Braga Netto, which justifies the maintenance of precautionary custody to ensure the application of criminal law and safeguard public order, in the face of danger generated by the state of freedom of the custodian and the strong evidence of the concrete gravity of the imputed crimes,” says the minister.
The arguments of PGR and Moraes to keep Braga Netto stuck changed over time. At first, the arrest was pretext of preventing the general from trying to coerce witnesses or reported by the coup plot.
The main proof was that Braga Netto talked by telephone with General Mauro Lourena Cid-the Lieutenant Colonel’s.
With the end of hearings with witnesses, Moraes argued that the severity of the crimes imputed by the PGR is the central reason for maintaining the general’s arrest.
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