STF sends the STM decision on loss of patent of military personnel convicted of coup

by Andrea
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The 1st Panel of the Federal Supreme Court (STF) ruled on Thursday (11) that it will be up to the Superior Military Court (STM) for participation in the attempted coup d’état in 2022.

The measure will apply only after the final judgment of the criminal action, that is, when all funds are exhausted.

With this, they must be judged by the STM:
• Jair Bolsonaro, retired army captain;
• Augusto Heleno, reserve general;
• Net Braga, General Da Reserve;
• Paulo Sérgio Nogueira, reserve general;
• ALMIR GARNIER, Navy Reserve Admiral.

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According to the Federal Constitution, armed forces officers may lose the patent if they are convicted criminally to more than two years in prison, such as those involved. The decision will be made autonomously by the Military Justice, in a specific process for this purpose.

Mauro Cid keeps patent

The exception between the military will be Mauro Cid, Lieutenant Colonel of the Army and whistleblower of the coup plot. Sentenced to only 2 years in open regime, ICD does not fit the constitutional criterion of patent loss, which requires a sentence of more than two years.

In addition, as part of the STF -approved award -winning collaboration agreement, ICD obtained criminal benefits, including the maintenance of its bond with the army.

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Torres e Ramagem

The first class also determined that former Federal Police delegates, Anderson Torres (former Justice Minister) and Alexandre Ramagem (former director of Abin), definitely lose their positions in the corporation.

Both are staff, but the criminal conviction in the Supreme Court makes them incompatible with the exercise of the police function, according to the Court’s understanding.

Towers and branch were already away from the PF, but now they should be definitively dismissed as a consequence of the sentence. The measure will be formally communicated to the Ministry of Justice and the direction of the Federal Police.

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