Minister Alexandre de Moraes, of the Federal Supreme Court (STF), voted this Tuesday (16) to convict five more defendants for their involvement in the coup plot that attempted to keep former president Jair Bolsonaro illegally in power after his electoral defeat. One of the defendants was acquitted by the rapporteur.
Four of the defendants were convicted of all five crimes for which they were charged by the Attorney General’s Office (PGR): coup d’état, attempted violent abolition of the Democratic Rule of Law, criminal organization, qualified damage and deterioration of listed property. One defendant was convicted of two of the crimes.
The trial of the defendants in Group 2 takes place in the First Panel of the Supreme Court and began at around 9:30 am, with the vote of the rapporteur. After a short lunch break, the trial will resume with the vote of minister Cristiano Zanin. Next, Cármen Lúcia and Flávio Dino must vote.
The convicted defendants are:
>> Filipe Martins, former advisor for International Affairs to the Presidency of the Republic
It was considered guilty of having helped to write and edit a draft coup decree that provided for intervention by the Ministry of Defense in the Electoral Justice and the arrest of Moraes himself. According to the minister, Bolsonaro’s then advisor showed the document to military commanders at a meeting at Palácio do Alvorada.
The defense alleges that Lieutenant Colonel Mauro Cid, Bolsonaro’s former aide-de-camp and whistleblower of the coup plot, planted evidence to prove a false version of events and place Martins at the scene of the events. The lawyers deny their client’s involvement in any coup plan and accuse him of judicial persecution.
>> Mário Fernandes, Army reserve general and former executive secretary of the General Secretariat of the Presidency of the Republic
Moraes voted for the general’s conviction based on statements made by the soldier during testimony throughout the process, in which he admitted to having written and printed the Punhal Verde Amarelo plan at the Palácio do Planalto. The document was found by the Federal Police (PF) and predicted the violent seizure of power by the coup plotters, with the murder of Moraes himself and the then-elected president Luiz Inácio Lula da Silva, as well as his vice-president, Geraldo Alckmin.
Fernandes’ defense maintained that the soldier cannot be condemned just for “digitized thoughts” that never resulted in a crime. For lawyers, the general’s direct involvement in the coup plot was never proven by the PGR.
“It’s something to go down in the annals of the Republic, digitalized thinking with a rocket launcher,” said Moraes, referring to the weapons foreseen in the planning. “We now understand the right to silence. It is better to remain silent than to say that you have digitized thoughts,” he said.
>> Marcelo Câmara, Army colonel and former close advisor to Bolsonaro
With a seat in the assistance of orders of the Presidency of the Republic, Câmara was found guilty by Moraes of having monitored the minister himself, with the aim of implementing the Punhal Verde Amarelo murder plan. According to investigations, the colonel, as Bolsonaro’s trusted man, followed in Moraes’ footsteps to predict the best moment for effective action.
Câmara’s defense claims that the PGR did not present concrete evidence that places its client in the scenario of criminal acts, with the complaint being based solely on the employee’s words and conclusions.
>> Silvinei Vasques, former director general of the Federal Highway Police (PRF)
Moraes voted to condemn Vasques for having instrumentalized the PRF in the service of coup plans. According to the PGR complaint, the former director of the corporation worked to disrupt the movement of voters on the day of the second round of the 2022 elections, always in areas with the greatest circulation of Lula voters.
Vasques’ defense denies any irregularity and maintains that the police officer’s actions were always guided by the public interest and functional duties.
>> Check out TV Brasil’s information on the subject
Acquittals
Moraes also voted to convict Marília Alencar, former director of Intelligence at the Ministry of Justice and the only woman denounced for involvement in the coup plot. The minister, however, decided to acquit her of the crimes of coup d’état, qualified damage and deterioration of listed property, all linked to the undemocratic acts of January 8, 2023when the headquarters of the Three Powers were invaded and vandalized by Bolsonaro supporters.
For the rapporteur, who was supported by speeches from ministers Flávio Dino and Cármen Lúcia, the former director, who was Secretary of Intelligence at the Public Security Secretariat of the Federal District on January 8, acted to warn about the danger of violent demonstrations, fulfilling, albeit partially, her functional duties at the time.
The minister voted to acquit Fernando de Sousa Oliveira, former director of Operations at the Ministry of Justice, of all crimes. For Moraes, there is not enough evidence to convict him. The rapporteur also highlighted his “intense performance” on January 8, when he was executive secretary of the DF Public Security Secretariat, “including going to the scene”, highlighted the magistrate.
Other cores
To date, the STF has already convicted 24 defendants for the coup plot. The convicts are part of groups 1, led by former president Jair Bolsonaro, 3 and 4.
Nucleus 5 is formed by the defendant Paulo Figueiredo, grandson of the former president of the dictatorship João Figueiredo. He lives in the United States, and there is no date for the trial.
