The Army informed Minister Alexandre de Moraes, of the Federal Supreme Court (STF), this Friday (13), that General Mario Fernandes (photo), convicted in the coup plot process, meets the legal requirements to receive an intimate visit in prison.
The statement sent to the Court after the minister asked the Planalto Military Command (CMP), based in Brasília, where the general is imprisoned, to speak out about the request for an intimate visit made by the military’s defense, who was sentenced to 26 years and six months in prison by the Supreme Court.
In the document sent to the Supreme Court, the CMP said that the general meets the legal requirements to receive the benefit.
“This military administration understands that the custody unit has an infrastructure capable of ensuring that prisoners carry out the proposed measure, however, its implementation is subject to administrative convenience and, necessarily, prior and express authorization from the competent judicial authority,” said the command.
However, the CMP highlighted that a Military Justice rule prevents visits of this type from taking place at Armed Forces facilities.
“It should be clarified that Provision No. 39/2022 of the Military Justice Inspectorate (STM), in its Annex I, item 4.12, establishes a clear administrative restriction by stating that intimate visits will not be permitted in military establishments”, added the body.
Given the information provided by the Army, It will be up to the minister to decide whether the request for an intimate visit will be accepted.
The Attorney General’s Office (PGR) should also give its opinion on the issue.
