Filipe Martins asks Moraes, Dino, Zanin and Gonet outside the scam inquiry

The defense of Filipe Martins, former advisor to international affairs in the Jair Bolsonaro government, opted for a bold and “suicidal” strategy in the coup survey.

The lawyers asked the ministers Alexandre de Moraes, Flávio Dino and Cristiano Zanin of the Supreme Court (STF), and the Attorney General Paulo Gonet to be prevented from participating in the process.

The initiative has little chance of thriving on the STF. The defense knows that the perspective of victory is almost nonexistent, but insists on the argument to shed light on what it considers an “arbitrary, vindictive and inquisitorial process”.

Filipe Martins is one of the 34 accused by the Attorney General’s Office (PGR) of having participated in the attempt to coup to keep Bolsonaro in power after the 2022 defeat in the 2022 elections imputes the former advisor to make one of the decree drafts that would have circled the hard core of the coup. The text provided for the arrest of Alexandre de Moraes and the STF minister Gilmar Mendes, as well as Senator Rodrigo Pacheco (PSD-MG), then president of the Senate.

Filipe Martins spent six months in prison preventively in the inquiry. The justification was that he would have tried to escape Brazil to escape the investigation. The name of the former advisor was on a list of passengers of the presidential plane that took off to Orlando, United States, on December 30, 2022.

The defense proved that he never embarked with the entourage of the then president. The lawyers added proof of card and running card spending by app, all in Brazil, and tickets from a national air bridge.

With the survey of confidentiality of the investigation, the defense found that Minister Alexandre de Moraes had already authorized the breach of confidentiality of Martins’ cell phone geolocation data between June 2022 and October 2023. That is, when he was arrested in Operation Tempus Veritatis, on February 8, 2024, PF already had the means to verify that he remained in Brazil.

This was one of the arguments used by the defense to request the suspicion of Moraes. Lawyers say there was “serious abuse of authority and procedural bad faith.” “Filipe Martins has been a victim of Lawfare, that is, the use of the justice system as an instrument of political persecution.”

Another defense strategy to press the Supreme Court to remove Moraes from the case and nullify the investigation was to draw a parallel of the coup survey with Operation Lava Jato.

Filipe Martins’s lawyers compare Alexandre de Moraes’s performance to the former judge and current Senator Sergio Moro. The Supreme Court overturned Moro’s decisions and acknowledged that he was partial in condemning President Luiz Inacio Lula da Silva (PT).

“What the Supreme Court has enforced Sergio Moro – we hope – it should also be valid for Minister Alexandre de Moraes,” argue the criminalists.

The defense of the former advisor states that, like Sergio Moro “artificially expanded his competence to become a universal judgment to combat white collar crimes,” Minister Alexandre de Moraes seeks to be a “universal judgment of democracy.”

“Since 2019, numerous criminal proceedings linked to the political group of former President Jair M. Bolsonaro have been ‘prevents’ to the office of his excellence, by a very unrestricted and very broad concept of connection, including people without any prerogative of forum, such as the excipient, whose judgment is logically escape the jurisdiction of the Federal Supreme Court.”

The former advisor also claims that his arrest was decreed to force him to make an award-winning denunciation. The defense states that Attorney General Paulo Gonet was conniving and “acted partially and committed, distorting the facts and ignoring essential evidence.”

“By hiding the proof of geolocation, sustaining unjustified prison and acting in a coordinated manner with the magistrate to increase pressure on the excipient, with the intention that he reported, the Attorney General played ping-pong with the judge, using the excipient, and incurred in the act of breaking impartiality, legality and impersonality, which makes all acts practiced by them in their acts Course of investigation and complaint. ”

The request for suspicion of Flávio Dino is based on demonstrations made by the minister before taking the seat in the Supreme Court. These are publications on social networks with criticism of Bolsonaro and its allies, which according to the defense is a break of impartiality.

Regarding Minister Cristiano Zanin, the lawyers mention his performance as a PT lawyer in proceedings against the former advisor to the Electoral Court. They also claim that the minister worked directly in Lula’s defense “who, according to the accusation, would have been the target of an alleged coup attempt.”

Bolsonaro’s defense has already tried to ward off Moraes, Dino and Zanin from the trial, to no avail. The ministers declared themselves able to participate in the process.

The former advisor also sent the STF the list of witnesses to be heard in the process if the PGR report is accepted. There are 29 names, including Minister Alexandre de Moraes, former Attorney General Augusto Aras, Bolsonarist parliamentarians and ambassadors.

See the full list:

General Freire Gomes, former army commander;

Brigadeiro Baptista Junior, former Air Force Commander;

Mauro Cid, former Bolsonaro orders of orders;

Deputy Marcel Van Hattem;

Deputy Eduardo Bolsonaro;

Councilman Carlos Bolsonaro;

Deputy Hélio Lopes;

Senator Eduardo Girão;

Senator Rodrigo Pacheco;

Carlos Frederico Santos, Deputy Attorney General of the Republic;

Fabio Alvarez Shoor, Federal Police Delegate, Head of the PF Contrainantial Division;

Alexandre de Moraes;

Augusto Aras, former Attorney General of the Republic;

Fernanda Januzzi, former chief of the ceremonial of Minister Alexandre de Moraes in the Superior Electoral Court;

Onyx Lorenzoni, former Minister of the Civil House and former Minister of Labor and Social Security;

Eduardo Pazuello, former Minister of Health and Federal Deputy;

Mateus Matos Diniz, former special advisor to the Presidency of the Republic;

Anelise Hauagge, wife of Filipe Martins;

Amauri Saad, lawyer;

Father José Eduardo;

André Chermont, former chief of the Presidency of the Republic;

Eduardo TagliaFerro, Expert, former chief of the Special Advisory to Confront the Disinformation of the Superior Electoral Court;

Stella Maria Flores Floriani Burda, prosecutor;

Saleh Ahmad Salem Alzaraim Alsuwaidi, Ambassador of the United Arab Emirates in Brazil;

Yossi Shelley, former Israeli-Basking in Brazil (2017-2022);

Todd Chapman, former United States in Brazil (2019-2022);

Rotyslav Tronenko, former Ukraine-Banner in Brazil (2019-2022);

Bader Abbas Alhelaibi, Ambassador of Bahrain in Brazil.