defense informs that the case will be taken to international courts and that the embargoes are intended to document ‘human rights violations perpetrated’ in the process
The defense of Filipe Garcia Martins, former advisor to the Presidency in the Jair Bolsonaro (PL) government, filed this Tuesday (17) embargoes declaration against the ruling that sentenced him to 21 years in prison for participating in the coup d’état plan.
In the appeal addressed to the Minister of the Federal Supreme Court (STF) Alexandre de Moraes, rapporteur of the case, the lawyers ask for infringing effects, the modification of the result, and maintain that the Federal Police provided “false evidence” throughout the investigation.
Six axes of contestation
The feature divides the challenge into six fronts. The first questions the competence of the First Panel, based on the limits set by the plenary in ADPF 572, which would have restricted the court’s action to cases with direct threats to the lives of ministers – a scope that, in the defense’s view, does not reach the origin of the process, the “Vaccine Inquiry”.
Within this axis, the appeal develops the theses of lawfare and outrageous government conduct, a North American doctrine that allows a process to be annulled when the State’s conduct reaches an intolerable degree of injustice.
The defense lists specific acts by delegate Fábio Alvarez Schor – among them, the arrest based on an alleged trip abroad that did not occur and the showing of Mauro Cid’s statement, still under secrecy, during General Freire Gomes’ testimony to induce him to recognize Martins.
The second axis challenges the chain of custody of the Institutional Security Office (GSI) records. The resource invokes a opinion of the Comptroller General of the Union which recognized that the GSI is unable to distinguish between official and private visits, and a response to a request for access to information in which the body itself reported that there was no record of visitors to Alvorada on December 9, 2022, the date on which the ruling places the defendant in a criminal gathering.
The defense also points to divergent signatures attributed to the same sergeant on different days, without graphotechnical expertise on the original manuscripts.
The third axis alleges interdependence between the evidence and the fact to be proven in the plea bargain. According to the defense, Mauro Cid would have managed the corroboration evidence used to convict them, in violation of Law 12,850/13.
The fourth points material errors in chronology and questions the testimonial evidence, citing Brigadier Carlos de Almeida Baptista Junior’s statement that he never saw or met Martins.
The fifth points out that what he calls the “ghost draft” was not presented in the case file in a version that links the defendant to the document, and points out a violation of equality in the face of the acquittal of co-defendants in a similar situation. The sixth deals with dosimetry, capitulation and omission regarding the duty of criminal detention.
LinkedIn and second arrest
The resource reserves a specific section for the second preventive detention, ordered by Moraes on January 2 after reporting alleged access to LinkedIn.
The defense claims that the Microsoft provided report which would prove that access did not occur and questions why the Federal Public Ministry and the rapporteur ignore the document in the file.
Martins has been held in the Ponta Grossa public prison since Moraes ordered his return to the unit.
The appeal cites a statement from the rapporteur referring to the defendant’s situation as “serving a sentence”, which, according to lawyers, constitutes an anticipation of a provisional sanction of the sentence.
The defense reports that the case will be taken to international courts and that the embargoes also have the purpose of documenting “human rights violations perpetrated” in the process. The appeal will be voted on by the First Panel based on the rapporteur’s opinion.
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