Alexandre de Moraes validated this Saturday (September 9) the collaboration agreement of Bolsonaro’s former aide-de-camp
Minister Alexandre de Moraes, from stf (Supreme Federal Court), approved this Saturday (September 9, 2023) a plea bargain agreement with lieutenant colonel Mauro Cid, former aide-de-camp of the former president Jair Bolsonaro (PL). In addition to ratifying the agreement, Moraes granted provisional freedom to the soldier.
Cid has been in prison since May 3rd for an investigation into the insertion of false data on vaccination cards. He is being investigated in investigations investigating the illegal sale and transportation of jewelry given to the Brazilian government and for alleged involvement in conversations about a coup d’état.
On Thursday (September 7, 2023), the PF accepted the possibility of a plea bargain agreement with Cid. Movements towards collaboration increased in his latest statements.
Mauro Cid testified at least 3 times to the PF. The soldier’s last statement was about the investigation into the sale of gifts received by foreign delegations, on August 31, when he spent 12 hours at the corporation’s headquarters.
AWARDED CLAIM
Plea bargaining, more commonly known as plea bargaining, is a legal agreement that allows prisoners to collaborate in an investigation in exchange for benefits. Collaboration can result in judicial pardon, reduction of up to 2/3 of the prison sentence or replacement of the sentence.
According to the Criminal Organization Law (12,850 of 2013), the agreement can be offered by the Public Prosecutor’s Office or by police chiefs. In the 2nd case, it is mandatory for the MP to give his opinion – in the case of Cid, the body spoke out against the agreement as it understood that the attribution does not belong to the PF.
From there, the agreement is forwarded to the judge responsible for the case for approval. The term presented to the minister must be in writing and contain the following information:
- report of the collaboration and possible results;
- conditions of the PF proposal;
- declaration of acceptance from Cid and his lawyer;
- specification of protection measures for soldiers and their families.
The legislation determines that the whistleblower must have at least 1 of the following results:
- the identification of the other co-authors and participants in the criminal organization and the criminal offenses committed by them;
- the revelation of the hierarchical structure and division of tasks of the criminal organization;
- the prevention of criminal offenses arising from the activities of the criminal organization;
- the total or partial recovery of the proceeds or profits from criminal offenses committed by the criminal organization;
- the location of any victim with their physical integrity preserved.
Cid’s statement must deal with investigations relating to the digital militia investigation, which investigates an alleged criminal organization whose purposes would be to attack democracy and the rule of law. When agreeing to collaborate with Justice, the lieutenant colonel must offer new information about the investigation and admit his participation in the crime. He will also have to present evidence that proves the content of the accusation.
With the approval of the agreement, Cid will be taken to a hearing so that the STF can verify whether the complaint is regular and in accordance with the law. Only then could the eventual denunciation be conducted by the Federal Police.
Despite the approval of the agreement, Bolsonaro’s former aide-de-camp You can still withdraw from the plea at any time. Furthermore, Cid has the right to protection, conduct and participate in a hearing separate from the others being investigated and to serve the sentence in a place far from the other suspects.
The entire reporting procedure must be recorded and copies must be made available to the soldier. When testifying, Cid gives up his right to silence and is legally committed to telling the truth.
The law determines that the entire process, from negotiation onwards, is confidential, with the disclosure of any document only being permitted when confidentiality is lifted by the Court.
Despite providing evidence and collaboration, Cid’s statement cannot be used to support precautionary measures, conviction or criminal charges against any person reported.
Provisional freedom
The military must follow a series of precautionary measures imposed by Moraes. O Power360 List the impositions below:
- use of an electronic ankle bracelet;
- limitation on leaving the house on weekends and at night;
- removal from duties in the Army;
- presentation within 48 hours to the district of origin and, subsequently, weekly on Mondays;
- ban on leaving the country and delivery of the passport within 5 days;
- suspension of gun possession and CAC (Collector, Sport Shooter and Hunter) registration;
- ban on the use of social networks;
- prohibition of communicating with others investigated in the case, with the exception of women, fathers and daughters.
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