Lawyer for man killed in Papuda calls for Moraes' arrest for torture

Thiago Pavinatto, lawyer for the family of Cleriston Pereira da Cunha, who died in the Papuda Penitentiary Complex, called for the arrest of STF (Supreme Federal Court) minister Alexandre de Moraes for torture, ill-treatment and abuse of authority.

The request was made to the president of the STF, minister Roberto Barroso, this Friday (2.Feb.2024). The document has 65 pages. Here's the complete (PDF – 2 MB).

In addition to prison for various crimes, Pavinatto asked for Moraes' removal from his position as STF minister and compensation for moral damages.

In December 2023, Edjane Cunha, Cleriston's widow, asked to leave “immediate” de Moraes. In the petition, he stated that even with a favorable opinion from the PGR for release“Moraes did not grant freedom”.

CHRONOLOGY

Cleriston was arrested for participating in the extremist acts of January 8th. His cell phone is part of the material seized by the PF to investigate the case.

Here is the chronology of the events:

• 7.jan.2023 – Cleriston Pereira da Cunha goes to the camp in front of the Army Headquarters, in Brasília;
• 8.jan.2023 – Extremist protesters invade the buildings in Praça dos Três Poderes. Cleriston was working at the time of the invasion, around 3:40 pm, and went to the scene later. There, he was arrested red-handed;
• 27.Feb.2023 – doctor Tania Maria Leite issues a medical report recommending speed in the Cleriston process, due to her state of health. Here is what is stated in the report:
  • the defendant was unable to attend appointments on January 30 and February 27, 2023 due to the “legal impediment”;
  • at the time, the patient had been undergoing rheumatological treatment for 8 months, due to multiple vessel vasculitis and myositis secondary to covid-19;
  • in 2022, the patient was hospitalized for 33 days due to complications resulting from covid;
  • the patient continued to use the following medications: prednisone (5mg/day), fluoxetine (20mg/day), propranolol (20mg/12 in 12 hours) and azathioprine (100mg/day);
  • draws attention to the defendant's risk of death from immunosuppression and infections;
  • ask “agility” in resolving the case due to the risk of a possible new covid infection, which could worsen the defendant's condition.
• 27.Feb.2023 – André Mendonça signs monocratic decision in which he archived Cleriston's defense action – the prisoner's lawyers filed a habeas corpus in the TRT-1 (Federal Regional Court of the 1st Region) and the request ended up in the Supreme Court;
• May 17, 2023 – Cleriston becomes a defendant after the STF accepted the complaint;
• September 1, 2023 – PGR issues a favorable opinion for Clerison’s release – until the defendant’s death, Moraes had not responded to the request;
• 7.Nov.2023 – Cleriston's defense filed a petition asking for pre-trial detention to be converted into home detention, due to health problems;
• Nov 20, 2023 – Wleriston da Cunha had a sudden illness and died in the Papuda penitentiary, in Brasília. The STF did not analyze the petition filed by the defense on November 7.