The defense of the lieutenant colonel asked on Friday (12) the minister, (Supreme Federal Court), the removal of the anklet and the end of precautionary measures against the military.
The team led by lawyer Cezar Bitencourt also calls for the extinction of the two -year imprisonment that the military was convicted, on the grounds that Cid complied with the same time with restrictions imposed by the court.
“Considering the penalty imposed was two years, and that Mauro Cid has been restricted to freedom more than two years and four months, between pre -trial detention and the different precautions of prison – in this May 2023, it is extinct, out of all doubt, the sentence of the conviction imposed on it by this first class of the Supreme Court in the case of criminal action 2668/DF”, the lawyers.
The request was formalized one day after the Supreme Court confirmed the validity of Mauro Cid’s award -winning collaboration agreement, granting the penalty reduction benefit to two years of imprisonment, in an open regime.
In the list of requests submitted to Moraes, the defense of the military included the restitution of all assets and values seized by the Federal Police and the return of the CID passport.
The defense argues that the restrictions against the military must be suspended because the judgment of the merit was closed. “It is certain that there is no reason that the different precautions of the granted arrest will continue to continue in force,” he says.
The Supreme will have to focus on Mauro Cid’s case to decide on the redemption of penalty. The jurisprudence of the court states that the period in which the defendant or investigated served pre -trial detention must be subtracted from the sentence after his sentence.
The case is different from those in which the defendant was subjected to precautionary measures. In this scenario, the calculation of the time in which the accused faced restrictions on locomotion are no longer considered for the penalty.
Mauro Cid complies precautionary measures since September 9, 2023, when Moraes approved the ICD denunciation agreement and determined the end of his pre -trial detention.
The decision on the rules for reducing the Cid sentence is up to Minister Alexandre de Moraes, who will be responsible for the execution of the sentence of the eight convicted by the coup plot.
The first class of the STF decided on Thursday (11) unanimously to keep Mauro Cid’s denunciation. The ministers defined that the military would have, instead of judicial forgiveness, a penalty of two years in prison, as a result of the award -winning collaboration agreement signed with the Federal Police.
Moraes said he was contrary to judicial forgiveness during the trial, in a new message that the Supreme Court will not accept an amnesty those involved in attacks on the headquarters of the powers or leaders of the coup plot.
“There is no pardon for the president, there is no amnesty for the legislature and also judicial forgiveness for the crime of coup,” he said.
Mauro Cid signed the award -winning collaboration agreement with the Federal Police on August 28, 2023. Part four of the contract is dedicated to the benefits claimed by the whistleblower.
The first item says that Cid wanted to obtain “judicial forgiveness or deprivation of liberty not exceeding 2 (two) years.”
O, asked the Supreme Court that the extent of the benefit was smaller. He considers that Cid omitted facts and contradicted himself in his more than ten testimonials to the Federal Police and the Supreme Court during the investigation.
The PGR, in final allegations, was fixed on the “minimum level”: a reduction of only one third of the penalty set by the Supreme. Gonet’s suggestion was discarded by the ministers.
