The First Panel of the Court begins this Tuesday (24) the analysis of the criminal action against the Brazão brothers and three other defendants
In an interview given moments before the start of the trial at the Federal Supreme Court (STF), the minister of Racial Equality and Marielle’s sister, Anielle Franco, stated that “There is no greater justice that can be donebecause they are not here.” The parliamentarian’s sister mentioned that the role of the Judiciary is to “investigate and punish”, however, “no sentence is capable of reversing the unspeakable pain” of the loss of the councilor and driver Anderson Gomes.
The Court took action against the brothers Domingos and Chiquinho Brazão, police chief Rivaldo Barbosa, former military police officer Ronald Paulo de Alves and former advisor Robson Calixto Fonseca. Under the report of Minister Alexandre de Moraesthe trial should last until Wednesday (25), deciding the fate of the defendants accused of qualified homicide and criminal organization.
Anielle said that the outcome of the case was only possible due to changes in the country’s political and institutional scenario. “The resumption of democracy from 2022 has a lot to do with this. The work of the PF is important, yes, in identifying the principals”, he assessed.
The minister also cited the seriousness of the political violence exposed by the crime, occurred in 2018, and called for structural measures to prevent similar tragedies from happening again. “We need to think about public security, because it is not acceptable for a parliamentarian to be murdered. Every step taken there was with someone’s consent. It is not possible to normalize Mari’s crime or any other crime”, he stated. “Rio de Janeiro and this country need public security, so that cases like this do not happen”, added Anielle.
Anielle also stated that her sister’s murder served to expose organized crime in the State. “Marielle’s case opened the manhole cover and, unfortunately, it had to be my sister. I don’t wish this for any family. I hope that the authorities and institutions can act firmly so that we have a safer political project for everyone”, he concluded.
Judgment
The First Panel of the STF begins, this Tuesday, to judge those accused of planning the murders of Marielle and Anderson Gomes. The crime occurred in March 2018, in Rio de Janeiro.
For today, they are marked two sessionsat 9am and 2pm. The trial is expected to extend, with another session scheduled for Wednesday morning (25). The analysis of the case takes place in the STF because one of the defendants, former federal deputy João Francisco “Chiquinho” Brazão, held mandate in the Chamber of Deputies at the timetaking the case to the Court due to the forum prerogative.
The complaint from the Attorney General’s Office (PGR), accepted by the STF in June 2024, was based on evidence collected, among other sources, in the plea agreement of former military police officer Ronnie Lessa, the confessed perpetrator of the shooting. In total, five people respond to the process:
- Domingos Brazão (adviser at the RJ Court of Auditors) and Chiquinho Brazão (former federal deputy): identified as the masterminds of the crime. The motivation would be Marielle’s political performancewhich made it difficult to pass laws for regularize areas dominated by militias. Respond for double qualified homicide, attempted murder (against advisor Fernanda Chaves, who survived) and criminal organization;
- Rivaldo Barbosa (RJ Civil Police delegate): accused of double qualified homicide e attempted murder. According to the PGR, he used his command position in the police to hinder investigations e guarantee the impunity of those responsible;
- Ronald Paulo de Alves, “Major Ronald” (former military police officer): accused of double qualified homicide e attempted murder. would have monitored the Marielle’s routine to provide information to executors;
- Robson Calixto Fonseca, “Peixe” (former TCE advisor): responds for criminal organization together with the Brazão brothers;
How the trial will work
The session will be opened by the president of the First Panel, minister Flávio Dino. Then, the case rapporteur, Minister Alexandre de Moraes, will read the report, a document that summarizes the facts, the allegations of the prosecution and the defense.
After reading, the oral arguments phase begins. The PGR representative will have up to an hour and a half to present the accusation. The assistant prosecuting attorney may speak for up to one hour. Afterwards, lawyers for each of the defendants will have one hour each to present their defenses.
Once this stage is complete, the ministers begin to vote. The voting order will be: the rapporteur, Alexandre de Moraes; followed by minister Cristiano Zanin; minister Cármen Lúcia; and, finally, the president of the Class, Flávio Dino.
The acquittal or conviction of defendants will be decided by a majority vote.[1] If there is a conviction, the ministers will also define the penalty to be applied at the trial itself. The entire session will be broadcast live on Rádio and TV Justiça, in addition to the STF’s official YouTube channel.
Remember the crime
On March 14, 2018, councilor Marielle Franco and her driver, Anderson Gomes, were shot to death in the car as they passed through the central region of Rio de Janeiro. Initially, the case was handled by the state Civil Police. In 2023, as determined by the Ministry of Justice, the Federal Police also joined the investigations.
In June 2024, the STF unanimously accepted the PGR’s complaint. The document points to the Brazão brothers as the perpetrators of the murder. The motivation for the crime would be Marielle’s political activities, which represented an obstacle to the approval of bills aimed at regularizing lands dominated by militias in Rio de Janeiro.
