The defense of the lieutenant colonel filed a habeas corpus in the Federal Supreme Court to request the suspension of the case against the.
The case was distributed, by draw, a. The minister is also rapporteur of a defendant’s defense writ of mandamus. The trend, according to people close, is that the minister does not grant the injunctions requested by the two defendants.
In the document, lawyers Luciano Alves and Nayara Moura argue that Ferreira Lima has been arrested since November 2024 even without concrete elements that bind him to undemocratic actions.
They point out that an appeal presented to the Supreme against the arrest of Lieutenant Colonel has been waiting for trial in the first class of the court. “Prison has been overwhelming for more than nine months, characterizing excess of time and illegal embarrassment,” the lawyers say.
The defense says that the military does not pose risks to the progress of the process and that his arrest was decreed with “absence of contemporary”, as the facts investigated are from the end of 2022.
“According to the consolidated jurisprudence of the Federal Supreme Court, the pre -trial detention requires contemporary times between the facts and the grounds that underlie it. In other words, it is indispensable that there are current and concrete evidence that the agent, in freedom, represents risk to criminal proceedings or society,” he adds.
Lawyers argue that Lieutenant Colonel Mauro Cid’s denunciation should be considered null for the absence of voluntarity and “serious contradictions, omissions and untruths.”
They also say that the performance of Minister Alexandre de Moraes in conducting the interrogation of Cid shows that the rapporteur advanced in his attributions and adopted persecutory stance.
The defense calls for the annulment of Cid’s award -winning collaboration agreement and the consequent suspension of the process, as the end of the denunciation “will directly impact the hygidity of evidence and the very legitimacy of criminal prosecution.”
Ferreira Lima is Lieutenant Colonel of the Army. He became a defendant after being charged with the PGR (Attorney General of the Republic) of producing a document in 2022 planning a coup after the defeat of Jair Bolsonaro (PL) in the presidential elections.
With the title “Design Op Peneta”, the document spoke of “neutralizing Min AM’s ability to act”, in reference to Alexandre de Moraes, and “holding the pre -trial detention of the supreme judges considered generators of instability”.
In a statement to the Supreme, the military said he was an intelligence officer of the 6th Army Division in Porto Alegre. He says he produced the document as he thought of a scenario of use of the army if a fraud in the presidential election was identified.
“If tomorrow comes out a report or a statement saying ‘attention, there was fraud yes’, I can’t let my commander be surprised. I have to have something to start arguing with the staff,” said Ferreira Lima.
He denies that the document found on his Pen Drive was a coup plan; He says it was a “operational design” that was not taken ahead.
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