The First Panel of the (Supreme Federal Court) decided, unanimously, to open criminal proceedings against , former advisor to the minister at the TSE (Superior Electoral Court).
The collegiate had already had it since Sunday (9). The last to vote, the minister accompanied her other Supreme Court colleagues to receive the complaint from the PGR (Attorney General’s Office) against the former advisor.
The trial takes place in the virtual plenary of the Supreme Court and ends on Friday night (14). Until then, ministers can change their votes or interrupt the analysis of the case with requests for views (more time for analysis) or highlighting (bringing judgment to face-to-face discussion).
Tagliaferro was accused by the Prosecutor’s Office of being members of Moraes’ office for obstructing investigations into the coup plot.
In the current phase, the Supreme Court ministers analyze whether the complaint brings minimal evidence of authorship and materiality that justify the opening of criminal proceedings against the accused.
Moraes argues that the evidence presented by the PGR in the complaint is sufficient to open criminal proceedings against his former advisor. He claims that Tagliaferro publicly expressed his interest in disclosing confidential data to coerce the Supreme Court against advancing proceedings regarding the coup plot.
“The serious threat materialized through the public promise to disclose confidential data, accompanied by a financial fundraising campaign entitled ‘Help Tagliaferro go to the USA on Timeline to expose the evidence’, demonstrating a deliberate intention to enable the execution of the threat,” he said.
Moraes also stated that Tagliaferro’s work abroad was aimed at seeking his own favor. “Investigated in the present case, [o ex-assessor] sought to create an intimidating environment for the authorities responsible for investigations, aiming to constrain the legitimate exercise of the judicial function”, he added.
With the final result, a criminal action will be opened to analyze, in more detail, whether the evidence shown is confirmed in evidence during the procedural investigation.
The PGR, led by , accused Tagliaferro of committing the crimes of violating functional secrecy, coercion during the process, obstructing investigation and attempting to abolish the democratic rule of law.
The complaint takes into account the leak of messages from members of Moraes’ office throughout 2022. , conversations show that the minister used the rite outside the rite to produce reports and open investigations against Bolsonaro supporters.
Tagliaferro is in Italy and, in recent months, participated in lives with supporters of the former president (PL), promised to make new revelations about Moraes and prepared a dossier to accuse the Supreme Court minister.
According to Gonet, the former advisor “revealed confidential information that he obtained due to his position, with the aim of obstructing investigations and favoring his own and others’ interests.”
The PGR also says that Brazil’s departure and the announcement that it would release new data demonstrates its alignment with the criminal organization responsible for undemocratic acts.
Tagliaferro’s defense says that the complaint is inept because it does not describe which criminal organization the former advisor was part of. “For the crime of coercion during the course of the process, there is no concrete conduct that conforms to the legal concept of ‘serious threat’, elementary to the criminal type attributed to the defender”, he states.
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