The general’s defense lamented the rejection of the appeal against the soldier’s conviction by the First Panel of the STF (Supreme Federal Court) this Friday (7) and stated that the panel failed to analyze important issues.
According to lawyer José Luis Oliveira Lima, who heads the team, the defense will continue to present all appropriate appeals, including to international courts.
“Important issues were no longer properly analyzed, such as the suspicion of the Honorable Rapporteur and the restriction of the defense due to the lack of sufficient time to analyze the immensity of documents dumped in the files by the Federal Police”, he said.
“The Defense of Gen. Braga Netto regrets that the First Panel formed a majority to reject the embargoes for clarification, despite respect for the decision and the Court”, said Oliveira Lima.
“We reaffirm the injustice and mistake of the conviction of Gen. Braga Netto. Even because it is proven in the records that he is innocent”, stated the lawyer.
The First Panel unanimously rejected the appeals of all defendants. The only one who did not present embargoes was Lieutenant Colonel Mauro Cid.
The four ministers voted against the requests of the former minister and five other convicts, including the former president ().
The first to vote was the rapporteur, . , and Cármen Lúcia accompanied the position.
In the appeal sent to the STF, Braga Netto’s defense once again raised the thesis of suspicion of Minister Alexandre de Moraes, questioned his impartiality in judging the case and highlighted that the process’s processing time was short to analyze the volume of almost 80 TB of documents sent as evidence.
The defendants’ defenses still intend to present infringing embargoes, an appeal that could re-discuss issues of merit that led to the defendants’ conviction. The deadline for filing these embargoes is 15 days after the publication of the ruling, but the period was suspended pending the judgment of the first appeals.
The understanding in the Supreme Court, however, is that infringing embargoes can only be received and discussed when there are two votes in favor of the defendant in the collegiate body. As this is not the case with Bolsonaro and the other defendants, Moraes can reject the appeals individually, without hearing his colleagues.
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