The minister of the (Supreme Federal Court) determined this Wednesday (8) that the Federal District declare the loss of public positions by default during the coup attacks on January 8, 2023.
According to the rapporteur, based on the STF’s jurisprudence, there is no controversy about the possibility of losing an officer’s position and rank as a consequence of a criminal conviction, whether for a military or common crime.
The corporation sent a letter to the minister on the 25th asking for guidance on compliance with the decision to expel Fábio Augusto Vieira, Klepter Rosa Gonçalves, Paulo José Ferreira and Marcelo Casimiro. The rapporteur responded to the question in the decision.
Moraes reproduced an excerpt from his vote for conviction in which he states that the military’s conduct was “marked by deliberate omission in the fulfillment of their functional duty” and is “manifestly incompatible with remaining in public service.”
The former members of the corporation’s leadership were sentenced to 16 years in prison by the First Panel for the crimes of attempted violent abolition of the Democratic Rule of Law, coup d’état, qualified damage through violence and serious threat to the Union’s assets and deterioration of listed assets. In addition, the collegiate had also decreed the loss of public positions.
“There is, therefore, no doubt regarding the decision made […] since, under the terms of the thesis established in the judgment of ARE 1.320.744/DF, of my rapporteur, the loss of the rank of the square can be declared as a secondary effect of the conviction sentence for the commission of a military or common crime”, said Moraes.
The officers have been imprisoned since March 11 in the so-called Papudinha, in , but the group also ordered the loss of public positions.
As the Panel show showed, the situation of the five colonels today. While the troops fear that Moraes’ decision sets a precedent capable of shortening the rite of expulsion from the category, family members report anguish over the possible loss of retirement.
In the letter sent to Moraes, the PMDF reaffirms its “full and unconditional commitment to faithful and immediate compliance” with the decision, but says there is a doubt about the specific constitutional regime applicable to state and DF military personnel regarding the loss of rank and rank.
“The issue takes on particular relevance due to the condition of those affected — officers already inactive (paid reserve) —, a circumstance that recommends a more precise definition regarding the way in which the decision-making command is implemented, especially given the specificities of the legal-constitutional regime applicable to the category”, says the document.
Convicted military police officers
- Colonel Fábio Augusto Vieirageneral commander of the PMDF on January 8
- Colonel Klepter Rosa Gonçalvesdeputy commander-general of the PMDF on January 8th, promoted to general commander by intervener Ricardo Cappelli on the 9th
- Colonel Jorge Eduardo Naime Barretoformer commander of the DOP (Operations Department) of the PMDF, on leave on January 8
- Colonel Paulo José Ferreiraacting head of the DOP on January 8 due to Naime’s time off
- Colonel Marcelo Casimiroformer commander of the 1st CPR (Regional Policing Command) of the PMDF
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