2023-10-17 02:30:28
Five ministers agreed that the defendants should be convicted, but there were differences regarding the dosimetry of the sentences
JOSE MARQUES
BRASILIA, DF (FOLHAPRESS)
The STF (Supreme Federal Court) formed a majority this Monday (16) to convict six more defendants for the January 8 coup attacks.
The rapporteur of the actions at the Supreme Court, Minister Alexandre de Moraes, proposed a sentence of 17 years for five of the six accused, and 14 years for the sixth of them. Five ministers agreed that the defendants should be convicted, but there were differences regarding the dosimetry of the sentences.
All were denounced by the PGR (Attorney General’s Office) for committing crimes such as attempted violent abolition of the democratic rule of law, attempted coup d’état, qualified damage, deterioration of listed property and armed criminal association.
The trials take place in the virtual plenary of the Supreme Court, where ministers cast their votes in the court system during a certain period of time.
In addition to Alexandre de Moraes, ministers Gilmar Mendes, Cármen Lúcia, Dias Toffoli, Cristiano Zanin and Edson Fachin have already voted for conviction – the last two proposed sentences ranging from 11 years to 15 years.
The virtual session will end at 11:59 pm this Tuesday (17). Until then, the trial can be stopped by request for review (more time for analysis) or highlighting (which takes the case to the physical plenary).
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One of the defendants being tried in this round is Reginaldo Carlos Garcia, from Jaguariúna (SP), who was arrested inside the Senate plenary.
The rest were arrested red-handed inside the Palácio do Planalto, while the depredations were taking place.
They are: Édineia Paes da Silva dos Santos, from Americana (SP), Marcelo Lopes do Carmo, from Aparecida de Goiânia (GO), Jaqueline Freitas Gimenez, from Juiz de Fora (MG), Claudio Augusto Felippe, from the city of São Paulo and Jorge Ferreira, from Miracatu (SP).
Ferreira is the only one in which Moraes voted for a 14-year sentence. Zanin and Fachin defended an 11-year sentence for him.
The PGR filed at least 1,400 complaints against those accused of the coup attacks, but some of them could benefit from criminal prosecution agreements, which would avoid trials by the STF.
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To date, six defendants from January 8 have already been sentenced by the STF, three in an in-person trial, and three via virtual means.
Minister André Mendonça has also stopped two virtual trials of defendants to take them to the physical plenary.
In the trials relating to January 8, lawyers argued everything from the lack of jurisdiction for the accused to be tried in the STF to the lack of individualization of conduct by the Public Prosecutor’s Office.
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