STF Most form to condemn Braga Netto for trying to abolish the rule of law
The Federal Supreme Court (STF) formed a majority on Wednesday (10) to condemn the reserve general Walter Braga Netto, former minister of the Civil House and Defense, for attempted violent abolition of the Democratic Rule of Law.
The third vote that consolidated the majority came from Minister Luiz Fux, who accompanied the understandings already presented by Alexandre de Moraes (Rapporteur) and Flávio Dino.
In his vote, Fux was categorical in stating that Braga Netto planned and funded acts intended to assassinate Alexandre de Moraes, rapporteur of the action in the Supreme Court. According to him, the general acted in conjunction with Lieutenant Colonel Mauro Cid and Rafael Martins de Oliveira.
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“In my way of seeing, according to the theoretical premises and testimonials I mentioned, the defendant Braga Netto, with a unit of designs with Rafael Martins de Oliveira and Mauro Cid, planned and funded the beginning of the execution of acts intended to release the life of the rapporteur, Minister Alexandre de Moraes,” Fux said.
The magistrate stressed that the plan did not advance only because a court session was abruptly suspended. “The violent death of a member of the Supreme Court would be a traumatic episode for the political stability of the country, generating intense social commotion and endangering the separation of powers,” he added.
Accusation elements
The prosecution against Braga Netto also mentions his conversations with Mauro Cid, in which they discussed articulations around the printed vote PEC and references to Operation Formosa, a traditional military parade held annually in front of Congress. Fux, however, considered that the debate on the printed vote alone does not constitute a crime.
Other elements cited were files found with Flávio Peregrino, advisor to Braga Netto. For the minister, although relevant, these indications mainly reinforce the military’s involvement in the conspiracy that foresaw physically eliminating the rapporteur of the action.
Partial divergence
Although he was aligned with Moraes and Dino at the central point of the conviction, Fux acquitted Braga Netto from accusations of qualified damage and deterioration of overturned assets, as he had already done in relation to other defendants.
