Minister Alexandre de Moraes, of the STF (Supreme Federal Court), rejected the slides that would be used by Filipe Martins’ defense in the oral argument scheduled for December 9, as part of the trial of nucleus 2 of the attempted coup action.
The order was published on Friday (5) and the defense was notified this Saturday (6).
According to Moraes, the material sent by the lawyers is “partially impertinent” and presents documents and images not attached to the process, which, in the minister’s assessment, is not directly related to the object of the criminal action nor to the theses presented in the final arguments.
The judge authorized the use of the slides presented by other defenses — Fernando de Sousa Oliveira, Mário Fernandes and Marília Ferreira de Alencar — and ordered Martins’ lawyers to resend the material in a version considered technically appropriate by December 8, at 3 pm, if they intend to use visual resources in the trial.
The decision is based on court precedents that allow the rapporteur to reject documents considered irrelevant or disruptive in criminal proceedings.
Defense accuses “undue guardianship”
In a note, Filipe Martins’ lawyers state that the material only summarizes information already present in the case file, with excerpts from decisions and points discussed in the investigation.
The defense says that Moraes would have previously controlled the content of the oral argument, going beyond the “technical adequacy” criterion initially requested.
“Moraes asked for the slides in advance to ‘check technical adequacy’, but he really wanted to evaluate what will be presented before the day, exercising undue supervision of the legal profession”, says the text.
The lawyers also claim that the minister did not indicate which images would be irregular and maintain that “all content is already included in the process”. The team prepares a new submission, now with express reference to excerpts from the case file and intends to file a representation with the OAB (Brazilian Bar Association).
