Arrested this Friday morning (2) by order of the minister, of the (Supreme Federal Court), the former advisor to (PL) is initially detained in the Ponta Grossa prison (PR) and it has not yet been decided whether he will be transferred to another location.
and the preventive detention was on suspicion that he violated one of the precautionary measures imposed, that of not accessing social networks.
Based on information provided by , the former presidential advisor would have searched for other profiles on the LinkedIn platform.
The PF received information from a user who was notified because his profile was accessed by Martins’ profile. The person responsible, as the Panel showed, was Ricardo Wagner Roquetti, dismissed from a position in the Ministry of Education at the beginning of the Bolsonaro government.
The former advisor’s defense said that there was no breach of the precautionary measure.
In a statement, he argued that Martins’ accounts “are in the exclusive custody and management of the defense, a measure adopted as a precautionary and control measure, with the strict purpose of preserving, organizing and auditing past information elements relevant to the exercise of broad defense (a need that is all the greater in a process of high factual, evidentiary and legal complexity)”.
He also said that “such technical management is carried out in a silent, non-communicational way and devoid of any externalization of will or expression of thought, with the result that there is no posting, interaction, exchange of messages or any other form of communicational activity on digital platforms”.
“In any case, as demonstrated, 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.”
He also said that the prohibition on using networks “must be understood (and applied) as a prohibition on publishing or demonstrating on one’s own social networks or on third parties doing so, not as a prohibition on diligent access to search, preserve and organize information elements in favor of defense.”
When ordering the arrest, Moraes stated that “there is no doubt that there was a failure to comply with the precautionary measure imposed, since the defense itself recognizes the use of the social network.”
The minister said that there is no relevance to the allegation that the networks were used to exercise broad defense.
“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”, says Moraes.
After the arrest, Martins’ lawyer, Jeffrey Chiquini, released a video in which he said that the former advisor “was punished without having done anything wrong.”
“The STF puts into practice what they have wanted since 2019, when Filipe Martins was selected as leader of the hate cabinet,” said Chiquini. “It is not a precautionary measure, it is a measure of revenge. It is obviously the beginning of serving the sentence”, added the lawyer, saying that his client “is a political prisoner” and that he will present appeals.
Martins was convicted on December 16 for the crimes of attempted abolition of the democratic rule of law, coup d’état, armed criminal organization, qualified damage and deterioration of listed property.
He was accused of having presented the first draft version to the then president to institutionalize the coup d’état.
