Minister Cristiano Zanin, from the First Panel of the STF (Supreme Federal Court), voted this Tuesday (18) to convict nine of the ten defendants in group 3 in the process that investigates an attempted coup d’état after the 2022 elections. He fully followed the vote of rapporteur Alexandre de Moraes.
“As for this group of defendants, it was reached after the end of the criminal investigation, with a sufficient number of elements, realizing that they led field actions aimed at monitoring and neutralizing, killing, public authorities”, said Zanin.
“Documents, messages and dialogues were gathered indicating that, specifically after the end of the 2022 elections, those reported carried out monitoring actions by public authorities. The presence was proven, as demonstrated here by the eminent rapporteur, of documents indicating the use of force to maintain the political group in power”, he stated.
Nucleus 3 is made up of nine military personnel — including — as well as a PF (Federal Police) agent. The group would have planned it, like President Lula (PT), his vice-president, Geraldo Alckmin (PSB), and minister Alexandre de Moraes.
The votes still remain for Minister Cármen Lúcia and, finally, the President of the Court, Minister Flávio Dino.
Moraes’ vote
During this morning’s session, Minister Alexandre de Moraes, rapporteur of the case, .
For the first time in the trial over the coup attempt, . In the case of General Estevam Theophilo, the minister considered that the only remaining evidence against him derives from Mauro Cid’s plea bargain, which, according to Moraes, creates reasonable doubt and prevents conviction.
Moraes also stated that the evidence shows that the majority of the defendants in group 3 worked to create false narratives about fraud in the elections, especially between the first and second rounds, as a strategy to discredit the results of the polls and prepare an environment favorable to institutional rupture.
For the minister, it was clear that the group sought to co-opt military personnel, organize an armed intervention and plan the formation of a crisis cabinet after the coup.
In relation to defendants Márcio Nunes de Rezende Júnior and Ronald Ferreira de Araújo, Moraes voted to convict them only for incitement to crime and criminal association.
When analyzing these two defendants individually, the minister proposed disqualifying the charges, stating that, although there is not sufficient evidence of an associative link with the criminal organization, both incited animosity against the Armed Forces together with other people. Therefore, they should be convicted of incitement and criminal association.
As they are milder crimes than those alleged in the complaint, it is possible for both parties to enter into an agreement not to pursue criminal charges with the PGR, if they admit these crimes.
Who are the core 3 defendants?
Burded Counse Burnal: Army Colonel. According to the PGR, he pressured the Army commander to support the coup; organized meetings of Special Forces soldiers and encouraged the publication of a letter addressed to the Army Commander, with the aim of influencing the High Summit to accept the decree of democratic rupture.
Estevam Theophilo: Reserve general. According to the PGR, it encouraged Bolsonaro to sign the coup decree and committed to coordinating military action to consummate the rupture, if the act was formalized. He also acted to pressure the then Army commander, seen as a possible obstacle to the coup.
Fabrício Moreira de Bastos: Army Colonel. He would have participated in meetings of black kids and helped to formulate strategic guidelines for carrying out the coup. He produced the document “Ideias Força”, which proposed actions to accelerate internal adherence in the Army and disseminate disinformation and mobilization operations.
Hélio Ferreira Lima: Army lieutenant colonel. He would have been the author of “Operação Luneta”, a document that detailed phases of the coup: arrest of STF ministers, crisis cabinet, control of institutions and disinformation campaign. He also participated in monitoring Minister Alexandre de Moraes.
Márcio Nunes de Resende Júnior: Army Colonel. He gave up his building to the “black kids” meeting and joined the group to influence superiors. The PGR highlights that it joined the coup plan even though it knew there was no electoral fraud.
Rafael Martins de Oliveira: Army lieutenant colonel. He would have co-created the “Copa 2022” operation, which intended to kidnap and kill Alexandre de Moraes. I managed financial resources to carry out the coup plans. Part of this money would have been passed on to Mauro Cid by the then vice-presidential candidate Walter Braga Netto.
Rodrigo Bezerra de Azevedo: Army lieutenant colonel. According to the PGR, he also worked in the “Copa 2022” operation and directly participated in the monitoring of Alexandre de Moraes. He used anonymization techniques and clandestine devices to hide the operation.
Ronald Ferreira de Araújo Júnior: Lieutenant colonel. He would have signed and published a letter of pressure to the then Army commander, but, according to the PGR, there is no proof of his direct participation in the coup nucleus. The prosecutor’s office reconsidered the complaint and asked for Ronald’s conviction only for inciting animosity between the Armed Forces and institutions.
Sérgio Ricardo Cavaliere de Medeiros: Lieutenant colonel. According to the PGR, it acted in the public and digital dissemination of the pressure letter and sought to weaken military authorities who resisted the coup, despite knowing that allegations of fraud were false.
Wladimir Matos Soares: Federal Police Agent. It would have provided strategic information on the security of the presidential inauguration to the Bolsonarist group and would have assisted in the stage of assassinating authorities to create social chaos and justify exceptional measures.
