Minister Alexandre de Moraes, of the Federal Supreme Court (STF), validated a non-criminal prosecution agreement (ANPP) signed between the Attorney General’s Office (PGR) and state deputy Sergeant Rodrigues (PL-MG) to suspend the criminal action in which the parliamentarian is a defendant for participating in the undemocratic acts of January 8, 2023.
To do this, the deputy needed to take the blame for the crimes of inciting animosity on the part of the Armed Forces against the established powers, attacking the health of the electoral system and criminal association.
According to a PGR complaint, which was accepted last year by the First Panel of the Supreme Court, Rodrigues consciously attacked, and together with hundreds of people, the electoral process on social media, as well as inciting the military to carry out a coup d’état.
“Despite the seriousness of the crimes attributed to the defendant, since the Federal Constitution does not allow the propagation of ideas contrary to the constitutional order and the Democratic State (CF, articles 5,
Upon recognizing the criminal acts, Rodrigues agreed to a series of conditions:
- Provide 150 hours of services to the community or public entities, with a minimum of 30 hours per month.
- Pay R$5,000 as compensation, which must be sent to the entity indicated by the executing judge responsible for supervising compliance with the agreement.
- Do not use open social networks until full compliance with the agreement.
- Participate in person in a course on Democracy, rule of law and coup d’étatwith a workload of 12 hours (twelve hours).
- Cease the commission of any crime and not be prosecuted for new crimes until the agreement is fully complied with.
- Declare that you have not signed a previous non-criminal prosecution agreement with the Public Prosecutor’s Office and that you are not being investigated for any other crime.
The criminal action opened against Rodrigues in the Supreme Court will be suspended until the conditions of the agreement are met, at which point the case can be closed.
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The ANPP was created and regulated in 2019, being included by law in the Criminal Procedure Code (CPP). Under the legislation, the MP has the option of not offering charges against non-violent crimes with a minimum sentence of less than 4 years, among other requirements, in exchange for the person being investigated assuming responsibility for the crimes and complying with the conditions also set out in law.
In the context of the violent acts of January 8, 2023, when the headquarters of the Three Powers were invaded and vandalized by supporters of former president Jair Bolsonaro, the ANPPs were one of the ways found by the PGR to deal with the large number of cases against people who did not have direct participation in acts of vandalism, but who incited the crimes.
