The first bench of the Federal Supreme Court (STF) formed a majority to convict and acquit two military police officers from the Federal District accused of negligence for the actions of January 8, 2023. So far, three ministers have recognized that with regard to the two prime ministers sought to be acquitted, there is a “lack of sufficient evidence for conviction.”
The trial is taking place virtually, and so far, Flavio Dino and Cristiano Zanin have followed the vote of Rapporteur Alexandre de Moraes.
The defendants in this case are Colonel Fabio Augusto Vieira, Commander-in-Chief of the Popular Defense Forces at the time; Klepter Rosa Gonsalves, Deputy Commander-in-Chief of the People’s Defense Forces; Jorge Eduardo Barreto Naime, former Head of Operations; Paulo José Ferreira de Souza Bezerra; Marcelo Casimiro Vasconcelos, as well as Major Flavio Silvestre de Alencar and Lieutenant Rafael Pereira Martins.
6 photos
Conditional closure.
1 of 6
Colonel Fabio Augusto Vieira
Cloning/PMDF2 of 6
Colonel Klepter Rosa Gonsalves
Vinicius Schmidt/Metropoles3 of 6
Colonel Jorge Eduardo Naimi Barreto
Vinicius Schmidt/Metropoles4 of 6
Colonel Paulo José Ferreira de Souza Bezerra
Run/CLDF5 from 6
Marcelo Casemiro Vasconcelos Rodriguez
Play/TV CLDF6 from 6
Major Flavio Silvestre de Alencar
Hugo Barreto/Metropolis
Read also
-
Wide angle
8/1: Zanin votes, and the Syrian resistance has the majority to condemn 5 of the 7 evenings in the Democratic Front
-
Wide angle
Abyan report warns of the possibility of a new 1/8: “narratives of estrangement”
-
Wide angle
Dino follows Moraes and votes to convict 5 from 7pm on 8/1
-
Brazil
The head of the INSS CPMI requests a visit to Bolsonaro and the 8/1 prisoners
The three understood that as far as Major Flavio Silvestre de Alencar was concerned, there was no “definite proof of intent.” In voting, Moraes stressed that “in order to definitively attribute any exercise of criminal conduct to the defendant, it is necessary to present effective evidence against the alleged accused, under the guise of a contradictory and extensive defence, on pain of a simulated and unconstitutional reversal of the burden of proof, which did not happen in this case.”
Regarding Lieutenant Rafael Pereira Martins, Moraes stated that he “did not participate in the planning (of the PDF action during 1/8), had no strategic independence, and was acting under orders.”
The three ministers voted in favor of defending the acquittal of Flavio Silvestre and Rafael Pereira. Regarding the other defendants, they voted to convict and pay jointly with the other defendants the amount of R$ 30 million for collective moral damages for 1/8, in addition to the loss of public office.
Crimes
Military police officers are responsible for crimes of violent abrogation of the democratic rule of law; coup; Qualifying damage for violence and serious threat of use of an inflammable substance against Union property and serious injury to the victim; deterioration of inscribed heritage; Violation of the contractual duty to ensure public order and interference with regulations.