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Moraes votes to sentence husband and wife defendants of 8/1 to 17 years in prison; find out why | Brazil

STF Minister Alexandre de Moraes voted to convict the 15 defendantsValter Campanato/Agência Brasil

Published 02/12/2024 15:21

While leading the investigation into planning a coup against democracy in Brazil, minister Alexandre de Moraes, of the Federal Supreme Court (STF), voted to convict 15 more defendants for involvement in the undemocratic acts of January 8, 2023. The trial is in the plenary virtual. The other ministers have until the 20th to announce whether or not they will accompany the rapporteur.

The sentences imposed by Moraes range from 14 to 17 years in prison in the initial closed regime. The defendants respond for violent abolition of the Democratic Rule of Law (Article 359-L, of the Penal Code), coup d’état (Article 359-M), qualified damage (Article 163), deterioration of listed Heritage (Article 62) , armed criminal association (art. 288).

In this list of cases under trial, Minister Moraes voted to condemn a couple from Vitoria da Conquista (BA). They are: Alessandra Faria Rondon, a Mato Grosso resident of the city of Bahia, and Joelton Gusmão de Oliveira. The sentences are 17 years for each. Alessandra recorded a video at the time of the invasion of the Federal Senate and offended senators from her home state.

On the day of the attack, Alessandra published a video saying her full name and calling senators traitors. “I’m sitting in the chair of the traitor (Cárlos Fávaro) of the Homeland, of Mato Grosso. And I want to say as a Mato Grosso native, that my name is Alessandra Faria Rondon. I will only leave here when the traitors to the Homeland are arrested (Carlos Fávaro, Wellington Fagundes and Jayme Campos). We want military intervention, now”, he said on the day. Today, Fávaro is the Ministry of Agriculture of the Lula government.

“The defendant kept media with coup and conspiratorial content on his cell phone, which allegedly called for Military Intervention, seizure of power, strike, as well as questions about the fairness of the electoral process and the Source Code”, says an excerpt from the Federal Police report (PF) attached to the process. In a hearing in mid-2023, Alessandra rejected the theory of a coup attempt and stated that she was on the Senate floor for religious reasons. “We went to pray,” she said. She said that all allegations against her are not true.

Alessandra’s lawyer, Bruno Jordano, presented oral arguments in the case and requested the annulment of the case. “The Prosecutor’s Office would not have the competence to do so, because the original competence would be that of the deputy prosecutor’s office and not of a working group created for this purpose. This creation in an exceptional way offends the principle of the natural prosecutor and vitiates the entire procedure”, said the defender in part of the support. He also argues that Alessandra does not have a privileged jurisdiction and could not be tried by the STF. In this case, the case should be sent to the first instance, at the Court of Justice of the Federal District and Territories (TJDFT).

The PF report also points out that Joelton made recordings on his cell phone and stated that “this is how he takes power” and calls on other people to climb the ramp of the National Congress. “Inside one of the public buildings, Joelton Gusmão de Oliveira celebrates entering the building, claiming to be ‘inside our house’, while filming his wife also in a celebratory posture. In this recording, it is even possible to hear the sound of a bomb in the background”, says an excerpt from the document. “Already in the Senate Plenary premises, he records his wife using a microphone installed on a table in the room to state that they are demanding military intervention because all power emanates from the people, joining Joelton Gusmão de Oliveira in the chorus of ‘all power emanates from the people.'”

In the defense, lawyer Bruno Jordano mentioned that the defendant had no intention of committing a coup or damaging public property. He also maintains that the case should be sent to the first instance due to Oliveira’s lack of privileged jurisdiction.

Another person who had photos from the day of the invasion of Praça dos Três Poderes attached to the case, which served as the basis for conviction, is Tiago dos Santos Ferreira. Moraes defends a 14-year sentence for the defendant. “In addition to the images extracted from his cell phone, several videos were also found that prove his participation in the acts of 8/1. The video VID-20230108-WA0036.mp4 was recorded by the accused on the lawn in front of Planalto, listening to the deep down, the defendant is swearing, celebrating the invasion, stating that the country is theirs, we are the ones in charge of this shit”, says an excerpt from the document.

“The evidence contained in the file corroborates that the defendant was in the federal capital on January 8th to participate in a demonstration in support of a military intervention. To this end, he joined the group that went to Praça dos Três Poderes, even invading, in a context of violence, the Palácio do Planalto”, appears in Moraes’ vote.

In the closing arguments, Ferreira stated that he did not act violently during the invasion of the Three Powers. The defense stated that no weapon was found with the defendant and the accused did not invade the Palácio do Planalto. “He sought shelter and, according to the footage and recent reports and new investigations, the police officers waved and invited him to access the interior of Congress,” he cited. In testimony, Ferreira stated that he went with “God” to Brasília. He is a driver and claimed to have tickets under the Maria da Penha Law.

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