Minister Alexandre de Moraes, of the Federal Supreme Court (STF), ordered this Tuesday (14) the release of Divanio Natal Gonçalves, one of the defendants accused of participating in the coup acts of January 8, 2023.
The release was determined after the accused’s defense indicated a judicial error occurred in the Minas Gerais Court.
In March 2023, Moraes ordered measures other than imprisonment against the accused and imposed the use of an electronic ankle bracelet, weekly court appearances and prohibited Divanio from leaving Uberlândia (MG), where he lives, without authorization. The measures should be supervised by the Criminal Executions Court (VEP).
However, the The case ended up at the Domestic and Family Violence against Women and Criminal Precatório Court, where the defendant began to appear regularly and comply with the measures determined by the minister.
Without knowing that the process was in another sector, VEP informed the Supreme Court that Divanio Gonçalves did not appear in court.
Given the information, Moraes ordered the arrest of the accused, which was carried out in April this year.
During the custody hearing, the irregularity was also not raised by the defense.
After being called by the new defense set up by the defendant, the minister decided to release Divanio and ordered new precautionary measures, such as the use of an electronic ankle bracelet, cancellation of the passport, ban on leaving the country, suspension of gun possession and ban on the use of social networks.
“The defendant’s new defense demonstrated that compliance with the precautionary measures established by this Supreme Court was being monitored by the Court of Domestic and Family Violence against Women and Criminal Precatório of the District of Uberlândia/MG, and not by the Court of Criminal Executions”, stated Moraes.
