The First Panel of the (Supreme Federal Court) acquitted for the first time one of the defendants in the coup plot case. During a session this Tuesday (18), the ministers freed the retired general from all accusations due to lack of evidence.
The other nine defendants, which involve military personnel accused of participating in the attempted coup d’état at the end of 2022, in the (PL) government, were convicted. In total, 24 people have been found guilty by the STF for involvement in the case so far.
The sentences of the defendants tried this Tuesday ranged from 1 year and 11 months to 24 years in prison. They will also lose public positions and political rights, in addition to having to pay R$30 million in fines in collective compensation to be divided among all those convicted.
Of the six members of the group, the Federal Police say they have identified only two: Rodrigo Azevedo and Lieutenant Colonel Rafael de Oliveira. According to the PGR, the two soldiers, under code names, were ready to neutralize the Supreme Court minister, but ended up aborting the operation, without the approval of the Army Command.
All the ministers of the First Panel of the STF expressed themselves in the same sense: (rapporteur), and and (president).
This nucleus is made up of nine military personnel and a federal police officer. The majority of those denounced by the (Attorney General’s Office) are officers with training in special forces, the so-called “black kids”.
First to vote, Moraes defended that (reserve colonel), (colonel), (lieutenant colonel), (lieutenant colonel), (lieutenant colonel), (reserve lieutenant colonel) and (federal police officer) be convicted of the five crimes for which they were accused (armed criminal organization, attempt to abolish the democratic rule of law, coup d’état, deterioration of public property and damage to listed property).
Rodrigo Bezerra and Wladimir Soares attended the plenary session. The lieutenant colonel, however, left shortly after Zanin’s vote to convict him. Wladimir remained until the result was announced.
In the cases of (reserve colonel) and (lieutenant colonel), Moraes voted for conviction for crimes with lighter sentences, of inciting animosity against people and criminal association.
The PGR had already understood that Ronald did not participate in coup meetings, but only spread false information about fraud in the electoral process to incite the Armed Forces towards democratic rupture.
In Theophilo’s case, Moraes understood that, “despite strong evidence of the defendant’s participation [na trama golpista]”, it is not possible to convict him based on the evidence produced in court.
The main one concerned a meeting between Theophilo and Bolsonaro in 2022. Both claim that there was no presentation of the draft of the coup or discussion in this regard during the meeting, which would only have served the then president to “clear” his dissatisfactions with the electoral process.
Theophilo, who at the time was in the Army High Command, was accused by the PGR of endorsing the coup plans in the meeting with Bolsonaro, which he denies.
“General Estevam Theophilo’s defense comes out to share that the Federal Supreme Court did justice by deciding to acquit him […]reestablishing his dignity, honor and, in particular, confirming his loyalty to the Brazilian Army, its commanders and the Fatherland”, said lawyer Diogo Musy in a statement released after the trial.
It is the first time that Moraes has taken a stand for the acquittal of a defendant in the coup plot. Previously, two people involved in the same nucleus were not made defendants by the collegiate upon receipt of the complaint.
When reading his vote, Moraes stated that the military tried to co-opt the Army High Command to join the plan to keep Bolsonaro in power after the defeat to (PT) in the 2022 elections.
According to the minister, this occurred at the meeting of military personnel with training in Special Operations, the “black kids”, at the end of November 2022. At the time, they took advantage of the fact that the Army High Command was meeting in Brasília to bring together the generals’ assistants in a get-together.
“The idea was to get those who were very close [com o Alto Comando]”, said the minister about the meeting. “Several groups repeated in oral arguments and memorials that ‘subordinates in the Armed Forces do not exercise influence in relation to their commanders’. It’s not true,” he said.
“They do not exercise power in relation to their commanders, but the one who is working daily and the one who performs the role of chief of staff or second in command gives their opinions. Here, clearly, they wanted to put pressure on their generals, their commanders, so that they put pressure on the Army commander, General Freire Gomes”, he added.
Cármen Lúcia also refuted one of the defense arguments that members of the Armed Forces of lower rank cannot try to influence superiors.
“There is no need to say that people of lower rank cannot act to pressure superiors. There is no possibility of it being acceptable that, by taking care of documents and messages from colonels and lieutenant colonels, that someone would not be influenced. Influence comes from those who have influence, not a certain position”, he said.
When voting, Flávio Dino stated that the class followed the complete due legal process itinerary.
“From this platform, all the lawyers cited the thesis of non-existence or insufficiency of evidence. Let me remember that in Brazil we do not have a system of fee-based evidence, a mathematical criterion. Our activity would be easier. But we are walking in the so-called territory of free motivated conviction. We analyzed the evidentiary standard”, he said.
According to the minister, there was materiality in the facts judged and, therefore, there is also authorship in relation to them.
“Was there a siege on the barracks? Yes, there was. There was an invasion of Powers, exchange of messages, plans, printed plans, meetings. Were they extraterrestrials? Is it a reasonable doubt? No. I imagine that none of us consider it. If there is materiality, there is authorship. And therefore there is no room for reasonable doubt in these records”, he stated.
Last week, the plenary heard oral arguments from the parties to the process, including the PGR and the defenses of the ten defendants. Each one had up to one hour to present their arguments — Paulo Gonet had two hours.
In general, the lawyers claim that the accusation was based on what was presented by the defenses in the case file and even testimonies from witnesses and the whistleblower Mauro Cid.
The collegiate also voted to condemn part of the military for participating in the clandestine group called , responsible for the plan to assassinate Moraes, according to the investigation. Six people, with country codes, chatted in a group on the Signal app to execute the strategy.
Of the six members of the group, the Federal Police say they have identified only two: Rodrigo Azevedo and Lieutenant Colonel Rafael de Oliveira. According to the PGR, the two soldiers, under code names, were ready to neutralize the Supreme Court minister, but ended up aborting the operation, without the approval of the Army Command.
The defenses of those involved, who are not black kids, of Moraes.
The nucleus appointed as responsible for editing the so-called “coup draft” and for trying to prevent voters from voting in the 2022 elections, has .
See how the sentences of those convicted were:
Hélio Ferreira Lima — 24 years, with 21 years and six months of imprisonment and two years and six months of detention, with an initial closed regime, in addition to 120 days of fine — each of them for a minimum wage
Rafael Martins de Oliveira — 21 years, with 18 years and six months in prison and two years and six months in detention, starting in a closed regime, and a 120-day fine.
Rodrigo Bezerra de Azevedo — 21 years, with 18 years and six months in prison and two years and six months in detention, starting in a closed regime, and a 120-day fine.
Wladimir Matos Soares — 21 years, with 18 years and six months in prison and two years and six months in detention, starting in a closed regime, and a 120-day fine.
Sergio Cavaliere — 17 years, 15 years of imprisonment and two years of detention, with an initial closed regime and a 120-day fine.
Bernardo Romão Correa Neto —17 years, with 15 years of imprisonment and two years of detention, with an initial closed regime and 120 days fine.
Fabrício Moreira de Bastos — 16 years, including 14 years of imprisonment and two years of detention, initial closed regime and 120 days fine.
Márcio Nunes de Resende Junior — 3 years and five months, 3 years of imprisonment and 5 months of initial open detention and a 30-day fine. In this case, there is the possibility that he will sign an ANPP (non-criminal prosecution agreement). If you do so, the agreement replaces the penalty defined by the class.
Ronald Ferreira de Araújo — 1 year and 11 months, 1 year and six months in prison and five months in detention.
