The First Panel of the Federal Supreme Court (STF) formed a majority this Tuesday (21) to convict the seven defendants of the so-called “nucleus 4” of the coup plot investigated by the Attorney General’s Office (PGR).
The group is accused of using the structure of the Brazilian Intelligence Agency (Abin) to spy on political opponents and disseminate false news with the aim of creating institutional instability and favoring an attempted coup d’état.
The vote that consolidated the majority was given by minister Cármen Lúcia, who fully followed the rapporteur, minister Alexandre de Moraes.
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Both defended conviction for five crimes: attempted violent abolition of the Democratic Rule of Law, coup d’état, armed criminal organization, qualified damage and deterioration of listed property.
Cristiano Zanin also followed the rapporteur, while Luiz Fux disagreed, defending the unfoundedness of the accusations.
The trial continues with a score of 3 to 1, awaiting the vote of the President of the Panel, Minister Flávio Dino.
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According to Moraes, the evidence shows that the defendants played a central role in coordinating to keep former president Jair Bolsonaro in power after his defeat in the 2022 elections. The minister highlighted that the group operated as an organized disinformation network, attacking authorities and institutions to cause institutional disruption.
Zanin reinforced that there was deliberate use of the Armed Forces’ rhetoric to threaten established powers and influence the Judiciary.
Among the defendants are active and reserve military personnel, as well as a Federal Police agent and the president of a political institute: Ailton Moraes Barros, Ângelo Denicoli, Carlos Cesar Moretzsohn Rocha, Giancarlo Rodrigues, Guilherme Almeida, Marcelo Bormevet and Reginaldo Abreu.
All are accused of being part of a criminal organization armed with coup objectives.
In the dissent, Fux argued that preparatory acts do not constitute a crime and that there is no evidence linking the defendants to the depredation that occurred on January 8, 2023.
For him, the conduct could be classified as administrative improbity, but not as the execution of crimes against democracy.
