Image credits: Marcelo Camargo/Agência Brasil

January 8: Moraes and Toffoli accept complaints against 100 people being investigated for extremist acts

Ministers Alexandre de Moraes and Dias Toffoli, of the Federal Supreme Court (STF), voted this Tuesday (18), to open criminal proceedings and make 100 defendants accused of the coup acts of January 8, when buildings belonging to the Three Powers were invaded and vandalized. by Bolsonarists. The vote of the other ministers continues. The expectation is that all the complaints will be accepted, given the "blatantly illegal nature of the conduct".

Surveys – number 4921 e 4922 – are public and can be followed by anyone, on the Supreme Court portal, without the need for any type of registration.

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Another virtual session has already been scheduled by Minister Rosa Weber, president of the STF, to begin on April 25, with another wave of complaints. It is expected that all complaints will be assessed within three months. 

In total, the PGR has filed 1.390 complaints to date, all focused on the perpetrators and people accused of inciting the acts. According to the STF, trial priority is being given to people who remain imprisoned as a result of the coup acts. At the moment, 86 women and 208 men remain incarcerated in the Federal District penitentiary system. 

Votes

“Conducts and demonstrations that have the clear purpose of controlling or even annihilating the strength of critical thinking, indispensable to the democratic regime, are unconstitutional, as are those that intend to destroy it, together with its republican institutions, preaching violence, arbitrariness, disrespect for the separation of Powers and fundamental rights, in short, calling for tyranny, arbitrariness, violence and the breach of republican principles, as seen by the criminal manifestations now attributed to the accused”, wrote Alexandre de Moraes about his vote.  

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Moraes described the conduct of all those accused as “very serious”, since their ultimate objective was to abolish State Powers. Such conduct is well typified in the Brazilian Penal Code, he highlighted. 

“There will not be a Democratic State of Law without State Powers, independent and harmonious among themselves, as well as provision of fundamental rights and instruments that enable the supervision and perpetuity of these requirements; consequently, the conduct on the part of the accused proves to be very serious and, at least in this preliminary analysis, corresponds to the primary precepts established in the mentioned articles of our Penal Code”, praised the minister.

Indictment

In one of the cases, which deals with people arrested in the camp in front of the Army Headquarters, in Brasília, on January 9, those accused were accused by the Attorney General's Office (PGR) of the crimes of inciting the Armed Forces against constitutional powers and criminal association (art. 286. sole paragraph) and criminal association (art. 288), both of the Penal Code. 

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In another case, concerning the perpetrators of the coup acts, most of whom were arrested in the act on January 8th, the PGR charged the crimes of armed criminal association (art. 288, sole paragraph), violent abolition of the Democratic State of Law (art. 359-L), coup d'état (art. 359-M), damage qualified by violence and serious threat, with the use of a flammable substance, against the Union's property and with considerable damage to the victim (art. 163, sole paragraph, I, II, III and IV), all of the Penal Code. 

The latter were also charged with crimes of deterioration of listed heritage (Law 9.605/1998, art. 62, I), with material competition (art. 69, caput, of the Penal Code) and competition of people (art. 29, caput, of the Penal Code). 

(Source: Agência Brasil)

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