The Ponta Grossa Hildebrando de Souza Public Prison, in Paraná, where former presidential advisor Filipe Martins was sent, has a history of overcrowding and conditions considered inadequate, according to information from the National Council of Justice (CNJ). In an inspection carried out in August last year, the agency classified the unit as a place with “terrible” operating conditions.
Designed to house 355 inmates, the jail held 816 inmates at the time of the inspection, more than double the anticipated capacity.
Martins was preventively arrested this Friday, in Ponta Grossa, by order of Minister Alexandre de Moraes, of the Federal Supreme Court (STF). He had been under house arrest since last Saturday, but the measure was revoked after the magistrate found that there had been non-compliance with the restrictions imposed, specifically the ban on the use of social media.
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Martins was sentenced to 21 years in prison for an attempted coup d’état and four other crimes for having prepared a draft decree that provided for measures to reverse the result of the 2022 elections, a document that would have been presented to then-president Jair Bolsonaro and commanders of the Armed Forces. The defense is still appealing the conviction, and the current arrest does not represent the beginning of serving the sentence.
In the decision determining preventive detention, the STF minister pointed to access to the social network LinkedIn. “The accused demonstrates total disrespect for the imposed norms and constitutionally democratic institutions, as, by using social networks, he violates the precautionary measures applied, as well as the entire legal system”, wrote Moraes.
On Tuesday, Moraes had given lawyers 24 hours to explain the allegation that he had “used the social network LinkedIn to search for third-party profiles” and stated that he could order Martins’ preventive detention.
In a statement sent to the STF, the lawyers stated that they are responsible for the former advisor’s social networks since he was arrested, in February 2024. The defense admitted to having accessed the LinkedIn account, but stated that he did not make any publications. Martins is prohibited from using digital platforms. The restriction also applies to third-party access.
The legal team told the STF that it uses accounts, including LinkedIn, to gather elements to be used in Martins’ defense.
“The defendant did not post anything on LinkedIn and the defense only uses it to verify issues related to the defendant’s professional career (which has been discussed within the scope of the facts investigated), contacts of possible witnesses and in the interest of the broad defense”, they reported.
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Among the obligations imposed on Martins is the “prohibition of using his own social networks or those of third parties”. Lawyers consider, however, that this prohibition should only apply to publications, and not to access.
“The precautionary measure must be understood (and applied) as a prohibition against publication or manifestation on one’s own social networks or a third person doing so, not as a prohibition on diligent access to search, preserve and organize information elements in favor of the defense”, they argued.
Lawyer Jeffrey Chiquini, who defends Martins, stated that there is no reason for the arrest and that there was no breach of the precautionary measure.
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— Two years ago, he was arrested for a trip he didn’t take. After proving that he did not travel, he was imprisoned for another six months. Now, he is under house arrest due to the fault of a third party, and today he is arrested without having breached any precautionary measures. Filipe Martins was complying with the precautionary measures in an exemplary manner. He had been complying with all court orders for more than 600 days. He never received any warning and today he was punished without having done anything wrong – he said in the video.
