For Nunes Marques and André Mendonça, the former deputy’s offenses described by Moraes do not link him to the attacks on the headquarters of the Three Powers
The 2 ministers appointed by the former president Jair Bolsonaro (PL) to STF (Supreme Federal Court), André Mendonça and Nunes Marques, were the only ones to open a difference in the judgment that analyzed the Court’s competence to judge the complaint of PGR (Attorney General’s Office), which accuses the former federal deputy Robert Jefferson of being linked to acts carried out in the January 8th.
The STF decided on Friday (June 21, 2024), by a majority of votes in a virtual plenary session, that the Court will not only analyze the complaint, but will also judge subsequent criminal action against the former federal deputy. At the demonstration, the Attorney General of the Republic, Paulo Gonet, considered Jefferson a “relevant link” for extremist attacks on the headquarters of the Three Powers.
The case would be sent to the Federal District Court, but will now be analyzed and judged in Court. Moraes’ vote, followed by the majority, recognized that the Court has the power to judge both ordinary people and people with jurisdiction by function prerogative who were among those investigated on January 8th.
In his dissenting vote, Nunes Marques recalled that in June 2022 the Court’s plenary declined its jurisdiction to judge the complaint and ordered the analysis by the Judiciary Section of the Federal District. Here’s the complete of the vote (PDF – 141 KB). Minister André Mendonça’s vote also questioned Moraes’ opinion. Here’s the complete (PDF – 210 KB).
According to Mendonça, the Supreme Court is “absolutely incompetent to prosecute and judge, in isolation, a citizen who does not have jurisdiction prerogative”. People without special jurisdiction are judged in the 1st Instance.
“The accused, here, is not, and was not, at the beginning of the investigations, a forum holder by function prerogative”, he said. Mendonça added that the Supreme Court’s act “it’s not even urgent”.
The judge also questioned the recognized connection between the former deputy and 8 de Janeiro. For the minister, the statements brought in the PGR complaint are “undue” and deserve to be investigated. But they are not sufficient to establish an evidentiary connection capable of altering the Court’s jurisdiction to judge a person without a special jurisdiction.
“There are no concrete elements in the records of this PET indicating the actions of the accused in the events of January 8, 2023, which are not even mentioned in the complaint, obviously. […] The facts were different, the context was different and, most importantly, much earlier”, he said.
You crimes indicated by the PGR against Roberto Jefferson involved statements by the former deputy throughout 2021:
- crimes against national security – incite the population to invade the Senate headquarters during Covid’s CPI (Parliamentary Commission of Inquiry);
- slander – state that the president of the Senate, Rodrigo Pacheco (PSD-MG), committed malfeasance by not proceeding with the impeachment request against Supreme Court ministers;
- homophobia – affirm that the LGBTQIA+ population would represent “the moral demolition of the family”associating the group with drug addicts and drug dealers.
Moraes argued in his vote that shortly after the defendant offended Minister Cármen Lúcia on social media, in October 2022, the headquarters of the Three Powers of the Republic were vandalized on January 8, 2023.
Nunes Marques’ disagreement rebuts that the defendant was “completely incommunicable” at a time before the 2nd round of elections – the result of which led to the 8th of January – because of precautionary arrest. Therefore, there is no way to establish a link between the previous facts attributed to him and the events that occurred after January 8, 2023.
OFFENSES TO CARMEN LÚCIA
Former deputy Roberto Jefferson (PTB-RJ) recorded a video insulting minister Cármen Lúcia, from the TSE (Superior Electoral Court) and the STF, in October 2022.
In the video, the former congressman calls Cármen Lúcia “Blair Witch”in reference to the horror film of the same name released in 1999, and “Carmen Lucifer”. Jefferson criticizes the minister because of an alleged “censorship of ‘Jovem Pan’”. However, you made an incorrect reference.
The episode that the former deputy recounts, in which the minister says she is “Against Censorship”, took place in the trial in which the TSE, with the magistrate’s favorable vote, blocked the screening of a documentary by the production company Brasil Paralelo. know more in this report.
JEFFERSON PRISON
Jefferson was arrested on August 13, 2021 by order of Minister Alexandre de Moraes, of the STF, after attacking ministers of the Court. Since January 2022, he has been under house arrest.
In October 2022, he was arrested and transferred to Bangu 8, in Rio de Janeiro, after having done gunshots at federal police officers who carried out search and seizure warrants at his home, in Comendador Levy Gasparian (RJ).
Moraes ordered Jefferson to be arrested because the former deputy allegedly failed to comply with court orders, such as the ban on publishing on social media. The former deputy is hospitalized in Hospital Samaritano Botafogo, in Rio de Janeiro, since July 2023, after a fall caused head trauma.
The former deputy also is a defendant at the STF since June of the same year per incite crimes against national security, slander and homophobia. At the time, the Court accepted the complaint presented by the PGR in 2021.
#ministers #recognize #Jeffersons #connection #January