The Superior Military Court (STM) reported on Friday (12) that the court’s performance on the convictions of military in the coup plot depends on an action of the Military Public Prosecution Service (MPM).
In a press release, The STM has clarified that it cannot act on its own and requires that an indignity or incompatibility representation for the official is filed to begin the analysis of the case.
“The performance of the court depends on prior provocation of the Military Public Prosecution Service, and any action ex officio. The STM performs eminently jurisdictional function, ”said the agency.
Yesterday, the first class of the Supreme Federal Court (STF) decided that the STM should judge The loss of the military patent of the armed forces convicted in the coup plot criminal action.
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With the decision, former President Jair Bolsonaro, who is captain of the Army Reserve, generals Augusto Heleno, Paulo Sergio Nogueira, Braga Netto and Admiral Almir Garnier should be tried by the STM.
The analysis of the case by the Military Justice may only occur after the final judgment of the coup plot, that is, after the exhaustion of all possible appeals against the conviction.
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How patent loss works
According to the Constitution, the Armed Forces Officer may be expelled from the forces in the case of a criminal conviction of more than two years in prison for criminal conviction. This is a specific process that evaluates whether the military is worthy of continuing to be an armed officer.
The STM consists of 15 ministers, ten military personnel (four from the army, three from the Navy and three from the Air Force) and five civilians.
The eventual loss of patent may not be applied in the case of Lieutenant Colonel Mauro Cid, defendant and whistleblower in the coup plot. Cid was sentenced to two in open regime and received the guarantee of freedom.
