Moraes acquits homeless man accused of participating in the 8/1 acts

The minister Alexandre de Moraesof the Federal Supreme Court (STF), determined, last Friday (3), the acquittal and release of Jeferson Figueiredo, a homeless man, arrested on charges of involvement in the undemocratic acts of January 8, 2023.

The decision highlighted the absence of evidence that Figueiredo had acted against the Democratic Rule of Law.

“There is no evidence that the accused was part of the criminal association, whether by rioting in the camp built near the Army HQ, or otherwise contributing to the incitement of crimes and the regimentation of people”, stated Moraes in his decision.

Also read

“We will not touch anyone’s head”, says head of the PF regarding the coup investigation

According to Andrei Rodrigues, more statements and seized documents are being analyzed so that new conclusions about the case can be forwarded to the PGR

Jeferson was preventively arrested on January 9, 2023, near the Army Headquarters, in Brasília, where he had been camped since the 6th. He was released days later to be released, but returned to prison in December for failing to comply with precautionary measures imposed by the STF.

The defense argued that Figueiredo frequented the place in search of shelter and food, due to his socially vulnerable condition. In his statement, the defendant stated that he was only at the camp to “get food, as he lives on the street”.

The Attorney General’s Office (PGR) had denounced Figueiredo in April 2023 for the crimes of incitement to crime, criminal association and material concurrence of crimes. However, in December, he presented an opinion defending his release, citing the lack of evidence and his social condition.

Jeferson is imprisoned at the Andradina Penitentiary, in São Paulo. The Federal Public Defender’s Office (DPU) was notified of the decision this Monday.

Also read

Bolsonaro must be tried in the First Panel of the STF for an alleged coup attempt

The natural path is for the complaint to be assessed by the court’s First Panel, composed of Alexandre de Moraes, Cármen Lúcia, Cristiano Zanin, Flávio Dino and Luiz Fux

Similar case

Figueiredo’s case is the fifth acquittal among those investigated for alleged participation in the attacks on institutions on January 8, 2023. Another homeless man was also acquitted by Moraes for the same reasons.

Geraldo Filipe da Silva was arrested in the act on January 8 and released in November 2023, after 10 months and 16 days in prison. During police interrogation after his arrest, Geraldo said that he had been in Brasília for three months, homeless. Out of curiosity, he ended up getting closer to the attacks while passing through the Esplanade and found himself involved in the confusion.

According to Moraes’ decision, Geraldo Filipe was caught in the act near Congress, “when he was attacked by other people, members of the coup mob”.

The magistrate indicated that the defendant was “arrested by the Military Police after other protesters accused him of participating in criminal acts, according to statements from military personnel heard in court”.