The Federal Supreme Court (STF) formed a majority, this Sunday (1st), to convict five more defendants who participated in the coup acts on January 8, in Brasília. The five criminal actions are being judged in the Court’s virtual plenary session until 11:59 pm this Monday (2).
In the five actions, six ministers followed the vote of the rapporteur of the cases, Minister Alexandre de Moraes, for the conviction of the defendants: Edson Fachin, Rosa Weber, Dias Toffoli and Gilmar Mendes. Cristiano Zanin followed the vote, but suggested lower penalties and fines than those established by his colleagues.
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Moraes stated, in his vote, that the defendants intentionally joined “criminal purposes aimed at an attempt at institutional rupture, which would lead to the abolition of the Democratic Rule of Law and the deposition of the legitimately elected government, which materialized on 01/08 /2023, through violence, vandalism and significant destruction of public property”.
“It is also worth highlighting that the criminal coup horde had been acting since the announcement of the result of the 2022 General Elections, in an organized attempt that escalated violence until culminating in the regrettable episode at the beginning of January this year”, the minister further argued.
“The criminal acts, scammers and attacks on republican institutions on 01/08/2023 spilled over into depredation and vandalism that caused financial losses reaching figures in the tens of millions, in addition to social, political and historical losses – some including irreparable –, to be borne by the entire Brazilian society.”
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Minister André Mendonça, until 10 am this Monday, had voted in three of the five criminal actions. The magistrate voted to convict the defendants only for attempting to abolish the Democratic Rule of Law, using violence or serious threat, preventing or restricting the exercise of constitutional powers, and for criminal association, in accordance with articles 359 and 288 of the Code Penalty, respectively.
Now, all that remains is for ministers Luís Roberto Barroso, Luiz Fux, Kassio Nunes Marques and Cármen Lúcia to vote.
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The Strategic Group to Combat Anti-Democratic Acts (GCAA), of the Attorney General’s Office (PGR), pointed to the crimes and crimes of armed criminal association, violent abolition of the democratic rule of law, coup d’état, qualified damage through violence and serious threat and deterioration of listed heritage. If added together, the sentences can reach 30 years in prison.
The defendants are: João Lucas Vale Giffoni, 26 years old, resident of Brasília (DF); Jupira Silvana da Cruz Rodrigues, 57 years old, resident in Betim (MG); Nilma Lacerda Alves, 47 years old, from Barreira (BA); Moacir José dos Santos, 52 years old, resident of Cascavel (PR); and Davis Baek, 41 years old, resident in São Paulo (SP).
At the beginning of September, the STF had already sentenced the first five defendants for the invasion and vandalism of the Três Poderes buildings: Aécio Lúcio Costa Pereira, 51 years old, resident in Diadema (SP); Thiago de Assis Mathar, 43 years old, from the city of São José do Rio Preto (SP); Moacir José dos Santos, 52 years old, from Foz do Iguaçu (PR); and Matheus Lima de Carvalho Lázaro, 24 years old, residing in Apucarana (PR).
Editing: Rodrigo Durão Coelho
