The minister of the Federal Supreme Court, Alexandre de Moraes, voted to condemn five of the seven members of the former top of the Military Police of the Federal District for omission during the coup acts of January 8, 2023.
The trial, carried out by the First Panel, began this Friday (28) and continues until December 5. Ministers Cristiano Zanin, Flávio Dino and Carmen Lúcia also vote.
In his vote, Moraes saw the agents’ conduct as omissive and a relevant contribution to the escalation of coup acts. The minister highlighted that the case is not just about “specific failures”.
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“The actions of the Military Police of the Federal District in the events of January 8th cannot be understood as the result of specific failures or operational unforeseen circumstances. The facts demonstrate an omissive, intentional and structured action, the beginning of which dates back to the period before the second round of the 2022 presidential elections, lasting until the moment of the invasion”, he declared.
The five defendants were convicted of attempted violent abolition of the Democratic Rule of Law, attempted coup d’état, qualified damage to the Union’s property and deterioration of listed property. Added together, the convictions culminate in a 16-year sentence, in addition to the loss of public office.
Only Major Flávio Silvestre Alencar and Lieutenant Rafael Pereira Martins, both from the Military Police of the Federal District, were acquitted.
Moraes condemned:
- Fábio Augusto Vieira, general commander of the PMDF;
- Klepter Rosa Gonçalves, deputy general commander of the PMDF;
- Jorge Eduardo Barreto Naime, PMDF colonel;
- Marcelo Casimiro Vasconcelos, also a PMDF colonel.
Moraes’ vote follows the accusation made by the Attorney General of the Republic, Paulo Gonet, who accuses the agents of deliberate omission because they had prior information about the risk and possibility of attacks.
Until the end of the trial, the seven defendants remain on provisional release with the use of electronic ankle bracelets as a precautionary measure.
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