Lawyers request the reduction of the period in which the former deputy was detained preventively and the application of a sentence reduction based on age
The defense of former federal deputy Roberto Jefferson asked minister Alexandre de Moraes, of the STF (Supreme Federal Court), that he serve his sentence in a semi-open regime. Jefferson was for the crimes of slander, homophobia, incitement to crime and attempt to prevent the free exercise of Powers.
The lawyers’ justification is that Jefferson is in prison, which represents 4 years, 1 month and 9 days of his sentence already served. The defense argues that it is necessary to carry out criminal detention, that is, to deduct the time he spent in preventive detention from the sentence imposed.
Applying criminal detention, he would still have to serve 4 years, 11 months and 8 days. This time, according to lawyers, allows Jefferson “start serving your sentence in the semi-open regime”.
Lawyers João Pedro Barreto and Juliana França David, who signed the piece, stated that, during the session that analyzed Jefferson’s case, STF ministers Cristiano Zanin and Edson Fachin recommended “the analysis of criminal detention”.
According to the defense, another point raised by Zanin, Fachin and Court Minister Nunes Marques is that, at the time of his conviction, Jefferson was over 70 years old. Therefore, in relation to the crimes of slander and incitement to commit a crime, “the prescription of the punitive claim is verified in half”. Barreto and David said that this aspect “the vote of minister Alexandre de Moraes was not confirmed”.
In May, Moraes granted humanitarian house arrest to Jefferson, based on medical reports. The documents described a clinical picture that included seizures, protein-calorie malnutrition, a possible source of infection in the oral cavity and severe depressive syndrome.
The reports also indicate a history of different types of cancer – in the pancreas, thyroid and colon –, as well as a diagnosis of diabetes.
ROBERTO JEFFERSON
Jefferson has been on the political scene since the 1980s, as leader of the PTB. In 2005, he denounced the monthly allowance scheme during PT’s first term as President. He was convicted, impeached and imprisoned for the crimes of passive corruption and money laundering.
The former deputy was again for the STF. According to the PGR (Attorney General’s Office) indictment, the former congressman encouraged the population to invade the Senate, carry out physical attacks against senators from Covid’s CPI (Parliamentary Commission of Inquiry) and blow up the TSE (Superior Electoral Court) building. The statements were made in interviews and videos published on social media.
Preventively arrested for these crimes since 2021, Jefferson was serving his sentence at his home, in Comendador Levy Gasparian, when, in 2022, on the eve of the 2nd electoral round, the PF (Federal Police) executed an arrest warrant decreed by Moraes for non-compliance with precautionary measures.
The warrant was issued after the former congressman published a video on the internet in which he offended STF minister Cármen Lúcia.
Jefferson resisted arrest, fired rifle shots and threw grenades at federal police officers who went to the scene. He was arrested red handed for attempted murder.
