The Federal Supreme Court (STF) will be able to investigate and judge military personnel suspected of involvement in the acts that resulted in the invasion of the headquarters of the Three Powers on January 8, in Brasília. He also opened an investigation into the participation of members of the Armed Forces and Military Police of the Federal District suspected of participating in the movement. investigated are civil or military and I grant the representation of the Federal Police and authorize the initiation of an investigative procedure to determine the authorship and materiality of possible crimes committed by members of the Armed Forces and military police related to attacks against democracy that culminated in the criminal acts and terrorists on January 8, 2023”, wrote the minister in the decision. According to the PF, there is suspicion of participation and omission of military personnel from the Institutional Security Office and the Presidential Guard Battalion, based on testimonies by military police officers from the Federal District heard by the fifth phase of Operation Lesa Pátria. instead of the Military Justice to judge the case, Moraes argued that the crimes under investigation are foreseen in the Penal Code and that the law does not distinguish civil and military investigated. “The legal accountability of all authors and participants in the countless crimes that threaten the Democratic State of Law must be carried out with absolute respect for the principles of due process of law and the Natural Judge, without any distinction between civil servants or military personnel”, highlighted Moraes. Moraes also argued that the Supreme Court itself has already decided that the Military Penal Code does not cover civil crimes. “The Military Penal Code does not protect the person of the military, but the dignity of the very institution of the Armed Forces. As peacefully decided by this Supreme Court when it defined that the Military Justice does not judge military crimes, but military crimes”, added the minister. , damage, incitement to crime, arson, armed criminal association, violent abolition of the democratic rule of law and attempted coup d’état.
Agência Brasil
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