The minister of the (Supreme Federal Court) granted provisional release to one of the defendants of the 8th of January after he was arrested due to a judicial error
Divanio Natal Gonçalves was preventively arrested in September 2024. Moraes ordered the arrest for non-compliance with precautionary measures, after the Penal Executions Court of Uberlândia (MG) reported that the defendant did not appear in the district and was not found at his home for summons.
Subsequently, the defense demonstrated that the defendant was under the responsibility of another judge, in the same district. Compliance with the measures was being monitored by the Criminal Precatório Court, and not by the Criminal Executions Court.
According to the defense, the responsible employee refused to issue proof of weekly attendance. Gonçalves’ lawyers asked Moraes to inform the Judge of the Criminal Executions Court to clarify why he failed to consult the defendant’s name in the TJ-MG systems. They also ask the server to justify why he refused to hand over the receipts.
The PGR agreed with the defense this Monday (13) and said that Gonçalves had been “regularly complying” with the precautionary measures.
“The certificate from the Criminal Executions Court of the District of Uberlândia, whose authenticity was duly verified, demonstrates that compliance with the precautionary measures established by the Federal Supreme Court was being monitored in that court, and not in the Criminal Executions Court of Uberlândia.”
Moraes granted the defendant provisional release with the restrictions previously imposed. He also gave 48 hours for the Criminal Precatório Court to forward a report on the inspection of precautionary measures.
Gonçalves is accused of criminal association and incitement to crime. He is being investigated for being one of the intellectual authors of the acts of January 8th.
