As two years pass since the invasion of public buildings housing the Three Powers in Brasilia, the Federal Supreme Court (STF) will analyze the requests of 30 defendants who want Minister Alexandre de Moraes removed as rapporteur of the cases.
30 charges of impediment and another 26 that raise the minister’s suspicion were included on the Court’s agenda; another four are yet to be discussed, with no date set. Both types of action are foreseen by the codes of civil and criminal procedure and the difference between them is that, while the impediment has an objective nature (such as family ties between the judge and the accused, for example), the suspicion concerns more subjective situations. , where doubts about the judge’s bias may be raised.
Reporting the requests is the president of the Court, Luís Roberto Barroso, who is also judging, in a virtual plenary between this Friday the 6th and next Friday the 13th, an appeal presented by the former president Jair Bolsonaro (PL) who also did not want the minister was rapporteur in the trial of the alleged 2022 coup plot.
Among those convicted and those still awaiting trial, extremists claim that Moraes, in an interview in January this year, said he had uncovered plans to attempt attempts on his own life. Al Estadaothe lawyer representing all clients, Ezequiel Sousa Silveira, states that this statement places the minister as a victim and, according to article 252 of the Code of Criminal Procedure, the judge cannot exercise jurisdiction in the trial in which he is a party or interested to the fact.
“Furthermore, in the same reports from the mobile experts, the minister orders the search of messages on the cell phones of the victims with his name, ‘Alexandre de Moraes’, and terms such as ‘death in Xandão’, which demonstrates the bias of the judge regarding treating these cases in a personal way,” he argues, referring to the impeachment trials.
In the requests of suspicion, the accusation is that Moraes, again in an interview, stated that through the then Minister of Justice, the current Minister of the Supreme Court Flávio Dino, he spoke with President Luiz Inácio Lula da Silva ( PT) on 8 January 2023 and would lead the work of the Attorney General’s Office (AGU) which, days later, presented arrest requests against the troublemakers. The defense also cites “clear evidence that he also guided the work of the Prosecutor’s Office”.
The analysis of the requests comes as Bolsonaro and 36 other high-ranking military personnel and allies are accused of planning a coup. As the almost 900-page investigation by the Federal Police (PF) showed, one of the consequences of the coup attempt was on January 8th.
The investigation also uncovered an alleged plan to assassinate Moraes, President Lula and vice-elect Geraldo Alckmin (PSB), as part of the plan to keep Bolsonaro in power after being defeated at the polls in 2022. Bolsonaro defends an amnesty for everyone involved, which would probably include him in the package.
According to the Federal Public Ministry (MPF), to date, 310 people have already been convicted by the STF for participating in the invasion and sacking of Brasilia, of which 81 as inciters and the rest as executioners. Another 500 people responsible for minor crimes had their criminal proceedings concluded in exchange for compliance with alternative measures.
Source: Terra
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