STF makes 10 more defendants by the coup plot; Total reaches 31

Unanimously, the first class of the Federal Supreme Court (STF) ruled on Tuesday (20) to make defendants ten more reported for involvement in core 3 of the coup plot during the government of former President Jair Bolsonaro.

The board also rejected the first two complaints of the Attorney General’s Office (PGR) about the attempted coup.

Due to lack of evidence, the ministers rejected the accusations against Lieutenant Colonel Cleverson Ney Magalhães, former advisor to General Estevam Theophilo, and General Nilton Diniz Rodrigues, former advisor to former Army commander Freire Gomes.

With the decision, 31 of the 34 of the Attorney’s Office became defendants and will be responsible for crimes of armed criminal organization, attempted violent abolition of the Democratic Rule of Law, coup, damage qualified by violence and serious threat and deterioration of listed assets.

In March this year, former President Jair Bolsonaro and seven other accused were the first accused to become defendants. They are part of core 1 of the investigation.

In addition to this nucleus, nuclei 2, 3 and 4 have already been judged. Judgment against core 5, which is formed by businessman Paulo Figueiredo, grandson of João Figueir, last president of the Republic during the period of military dictatorship. He lives in the United States, has not filed a defense in the process and can be tried to default.

Nucleus 3

During the trial unanimously, the ministers of the first class accepted PGR complaint against nine Army military and one federal police. The collegiate agreed that there is evidence that the accused planned actions to effect the Bolsonaro coup plan.

Part of the military was part of the Army Special Forces, a group known as Black Kids.

With the decision, the following accused became defendants:

• Bernardo Romão Correa Netto (Colonel);
• Estevam Theophilo (General);
• Fabrício Moreira de Bastos (Colonel);
• Hélio Ferreira (Lieutenant Colonel);
• Márcio Nunes de Resende Júnior (Colonel);
• Rafael Martins de Oliveira (Lieutenant Colonel);
• Rodrigo Bezerra de Azevedo (Lieutenant Colonel);
• Ronald Ferreira de Araújo Júnior (Lieutenant Colonel);
• Sérgio Ricardo Cavaliere de Medeiros (Lieutenant Colonel);
• Wladimir Matos Soares (Federal Police).

Rapporteur

The unanimous score of the trial was obtained with the vote of the rapporteur, Minister Alexandre de Moraes, and the ministers Flávio Dino, Luiz Fux, Cármen Lúcia and Cristiano Zanin.

For Moraes, the prosecution was able to point evidence that the accused was mobilized for the realization of actions for the coup attempt.

The minister cited meetings among black kids to elaborate strategies to press the armed forces commanders to join the coup plot.

“It was not a gathering of friends as it was said (by the defenses), bar conversation, chatting away. In fact, it was to throw democracy away,” he said.

In addition, Moraes mentioned another meeting between Army’s land of land operations, General Estevam Theophilo, one of the defendants, and Bolsonaro, in late 2022, two days after the then army commander, General Freire Gomes, refuses to join the coup attempt.

According to the minister, it is not normal for the President of the Republic to meet with heads of armed forces departments. In Moraes’s understanding, Bolsonaro tried to co -opt the general to obtain support for the coup.

“Who meets with the president is the commander of the Army. He is the commander of the force that meets with the president,” he concluded.

Next Steps

With the acceptance of the complaint, a criminal action will be opened at the Court. The opening marks the beginning of the procedural instruction, in which lawyers may indicate witnesses and ask for the production of new evidence to prove the defense theses.

The accused will also be questioned at the end of this phase. The works will be conducted by the office of Minister Alexandre de Moraes, rapporteur of the case.

After the end of the instruction, the trial will be marked, and the ministers will decide whether the former president and the other accused will be sentenced to arrest or acquitted. There is no set date for the trial.

In case of conviction, the sum of the penalties for crimes goes from 30 years in prison.

Defenses

During the trial, the defendants’ defenses denied the accusations and maintained that the PGR did not present evidence.