STF (Federal Supreme Court) Minister Alexandre de Moraes voted to convict five former members of the Military Police Command of the Federal District accused of negligence in the coup attacks of January 8, 2023.
The trial began on Friday (28) in the virtual plenary session of the court and will continue until December 5. The case is analyzed by the first committee of the court.
Moraes considered that the army committed the crimes of attempted violent abolition of the democratic rule of law, coup d’état, qualified damage to Union property, and deterioration of listed property.
He proposed prison sentences of 16 years for the defendants, including 13 years and six months in prison, two years and six months in confinement, a 100-day fine (each day a fine equal to one-third of the minimum wage) and loss of public employment.
Moraes considered that the then Commander-in-Chief of the People’s Defense Forces, Fabio Augusto Vieira, the former Deputy Commander-in-Chief, Klepeter Rosa, and three colonels (Jorge Eduardo Barreto Naime, Paulo José Ferreira de Souza Bezerra, and Marcelo Casemiro Vasconcelos) committed these crimes.
However, he voted to acquit two soldiers also convicted by the Public Prosecutor’s Office, Major Flavio Silvestre de Alencar and Lieutenant Rafael Pereira Martins.
According to the PGR, despite having the means to prevent attacks and sabotage in Praça dos Três Poderes, the PMDF leadership failed to act. The seven defendants are subject to temporary release and wearing electronic ankle bracelets.
In his vote, Moraes stated that the military is committed to criminal purposes aimed at attempting institutional disruption, which would lead to the abolition of the democratic rule of law and the overthrow of the legitimately elected government.
He added, “It is also worth noting that the criminal coup crowd has been working since the announcement of the results of the 2022 general elections, in an organized attempt that escalated into acts of violence until it culminated in the unfortunate incident in early January of this year.”
According to the Public Prosecutor’s Office, the police personally joined the criminal actions of the coup plotters who vandalized the headquarters of the three authorities, instead of working to prevent the destruction of public buildings.
The complaint also stated that the PDF had informants or infiltrated police officers in popular rebellions, including in camps in front of the army headquarters, who provided officers with repeated information and photographs, highlighting the need for preventive measures to prevent criminal acts.