The Federal Supreme Court (STF) condemned 119 more people involved in the acts of January 8, 2023. In all criminal actions, the vote of the rapporteur, Minister Alexandre de Moraes, which understood that the defendants were part of a group with the intention of overthrowing the democratically elected government in 2022.
The trials were held in virtual sessions of the Plenary and the First Class completed on June 6, 14, 24 and 30, and on August 5.
The most severe penalties were applied to the 41 defendants who participated in the invasion and depredation of the Planalto Palace, the headquarters of the National Congress and the STF, in the Praça dos Três Powers, or who acted as financiers and fundraising for bus rental and the maintenance of the camp.
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They were convicted: 20 people to 14 years in prison; ten to 17 years; eight to 13 years and 6 months; two to 13 years and 8 months; and a defendant for 12 years.
Of the 78 people who committed lower crimes, 70 had their penalties set in one year of detention and replaced by rights restrictions. The other eight were sentenced to two years and five months of detention for non -compliance with precautionary measures, such as anklet use or attendance in court.
Collective authorship
Moraes noted that, as argued by the Attorney General’s Office (PGR), there was a crime of collective authorship in which, from a joint action, all contributed to the result.
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The defenses claimed, among other points, that the acts would not be effective to realize the crime of coup and that the accused intended to participate in a peaceful act. They also denied the context of crimes of collective authorship.
However, according to the rapporteur, the PGR presented explicit evidence produced by those involved, such as messages, photos and videos published on social networks. There are also internal camera records of the Planalto Palace, the National Congress and the Supreme Court and the traces of DNA traces found in these places, as well as testimonials of witnesses.
The rapporteur explained that PGR also showed that the group that remained in camp was extremely organized and with well -defined tasks, incited the practice of crimes by others, as well as the animosity between the armed forces and the properly constituted republican powers, configuring criminal association offenses and incitement to crime.
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Refusal to agreement that would avoid condemnation
Among those sentenced for crimes of lower severity, 70 rejected the agreement of criminal non -prosecution (ANPP) proposed by the PGR, which would prevent the continuity of criminal action. In addition to the penalty of one year of detention for the crime of criminal association, replaced by restriction of rights, they will have to pay ten minimum wages by the crime incitement, because they have encouraged the armed forces to seize power on the grounds of electoral fraud.
Another eight defendants also committed less serious crimes, but because they failed to comply with previously established precautionary measures, such as appearance in judgment and use of an electronic anklet, they were sentenced to two years and five months of detention. All 78 sentenced for less serious crimes will have to pay compensation in the amount of R $ 5 million, to be divided with the others convicted of the same crimes.
Even with the replacement of the detention sentence, those involved will no longer be primary defendants when the possibility of appeal and the decision becomes definitive (res judicata). Minister Alexandre de Moraes reiterated that more than 500 people in an identical situation chose to confess the commission of the crimes and sign the agreement.
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Indemnity
All 78 sentenced for less serious crimes, regardless of the sentence, will have to pay compensation in the amount of R $ 5 million, to be divided with the others convicted of the same crimes. For the other 41 convicts, compensation for collective moral damages is at least R $ 30 million. This amount will be paid in solidarity by all convicted of serious crimes, regardless of the size of the sentence.
