By 4 votes to 1, STF condemns seven defendants from Core 4 of the coup plot
The First Panel of the Federal Supreme Court (STF) sentenced this Tuesday (21) the seven defendants from Nucleus 4 of the coup plot that took place during the government of former president Jair Bolsonaro.
By 4 votes to 1, the majority of the collegiate’s ministers agreed with the complaint from the Attorney General’s Office (PGR) and understood that the defendants promoted actions and disinformation to spread false news about the electoral process and virtual attacks on institutions and authorities in 2022.
Fux requests transfer from the First to the Second Panel of the STF
Movement comes after internal discussions and could remove the minister from the next phases of the coup plot trial
Fux says the STF committed injustices in the January 8 trials
The minister justified a change of stance when he acquitted five defendants, including former president Jair Bolsonaro, after condemning hundreds of people who were present at the events in Brasília
The session continues to define the sentences for those convicted.
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With the decision, the following defendants are sentenced:
- Ailton Gonçalves Moraes Barros (Army reserve major);
- Ângelo Martins Denicoli (Army reserve major);
- Giancarlo Gomes Rodrigues (Army warrant officer);
- Guilherme Marques de Almeida (Army lieutenant colonel);
- Reginaldo Vieira de Abreu (Army colonel);
- Marcelo Araújo Bormevet (federal police officer).
They were convicted of the crimes of armed criminal organization, attempted violent abolition of the Democratic Rule of Law, coup d’état, qualified damage through violence and serious threat and deterioration of listed property.
Defendant Carlos Cesar Moretzsohn Rocha, former president of the Instituto Voto Legal, was convicted of only two crimes: armed criminal organization and attempted abolition of the rule of law.
The accused will not be automatically arrested because defenses can appeal the conviction.
Votes
The votes for conviction were given by ministers Alexandre de Moraes, rapporteur, Cristiano Zanin, Cármen Lúcia and Flávio Dino.
Luiz Fux was the only one to disagree. For the minister, the defendants cannot be accused of a coup d’état because their conduct did not have “the potential to gain power and replace the government”.
After yet another vote for the acquittal of those investigated for the coup plot, Fux asked to leave the First Panel. If the request is accepted by the president of the STF, Edson Fachin, the minister will not participate in the trials of groups 2 and 3, which will be analyzed in the coming months, and will join the Second Panel of the Court.
Other cores
To date, the STF has already convicted 15 defendants for the coup plot. In addition to the seven sentenced today, the Court sentenced eight more defendants, who belong to Nucleus 1, led by former president Jair Bolsonaro.
The Nucleus 3 trial is scheduled for November 11th. Group 2 will be judged from December 9th.
Nucleus 5 is made up of businessman Paulo Figueiredo, grandson of the former president of the dictatorship João Figueiredo. He lives in the United States and did not present a defense in the process. There is still no forecast for the trial.
