The Attorney General’s Office (PGR) sent a demonstration to the Federal Supreme Court (STF) this Tuesday, referring to requests made by the defense of 16 of the hundreds of people who were arrested en masse at the behest of Minister Alexandre de Moraes. . At the demonstration, the Deputy Attorney General of the Republic Carlos Frederico Santos acknowledged that neither the accused nor the Public Ministry have access to the files, so that citizens do not even know what they are accused of.
According to the news released by the PGR, “Among the allegations presented by the defenses of those involved are the fact that the prisoners’ lawyers did not have access to the files and documents that justify the maintenance of the prisons, which makes it difficult to exercise their rights of defense; some custody hearings were held outside the legal deadline; some prisoners were unable to communicate with their lawyers; and even news of cases in which there is no suitable and individualized basis for maintaining prisons”.
The Attorney General’s Office requested the application of the Binding Precedent 14 of the Federal Supreme Court. This Binding Precedent, which determines an obligation of the Judiciary, guarantees citizens the right of access to all documents and procedures that are of interest to the exercise of the rights of defense. The application of this Binding Precedent has been demanded for years in political inquiries conducted by Minister Alexandre de Moraes, without effect, since those investigated do not have access to the entire file.
According to news from the Attorney General’s Office:
The manifestations were presented in cases where people are in different situations. A number of people were denounced for committing the crimes provided for in art. 286 and 288 of the Penal Code, whose maximum penalties do not authorize the maintenance of preventive detention. In these situations, the request is for the measure to be replaced by different precautionary measures.
The second group is composed of prisoners who have been denounced for the crimes foreseen in the articles. 359-L, 359-M, 288, sole paragraph, and 163, sole paragraph, I, II, III and IV, all of the Penal Code, in conjunction with the crime provided for in art. 62, I, of Law 9605/1998. As for these defendants, the PGR requested the decree or maintenance of preventive detention. In the third group, there are people against whom a complaint has not yet been filed. Requests for immediate observance of defensive rights apply to all petitioners, regardless of the procedural situation.
In the petition, the coordinator of the Strategic Group to Combat Anti-Democratic Acts points out that the STF reported the conversion of 942 arrests in flagrante delicto into preventive arrests. However, he points out that it is not possible to extract from these records the exact procedural situation of the applicants, that is, if they were released or if they had arrests in flagrante delicto converted into preventive ones. Carlos Frederico Santos also cites the International Covenant on Civil and Political Rights, which expressly provides for the prisoner’s right to information and the right of procedural reaction, through the presentation of an appeal to the Judiciary.
Segundo a Declaração Universal dos Direitos Humanos:
Every human being has the right to an effective remedy by the competent national courts for acts that violate the fundamental rights recognized by the constitution or by law.
No one shall be arbitrarily arrested, detained or exiled.
Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.
1. Every human being accused of a criminal act has the right to be presumed innocent until his guilt has been proven in accordance with the law, in a public trial in which he has been assured of all the guarantees necessary for his defence.
2. No one may be held liable for any act or omission which, at the time, did not constitute an offense under national or international law. Nor will a stronger penalty be imposed than the one that, at the time of the commission, was applicable to the criminal act.
No one shall be subject to interference with his private life, family, home or correspondence, nor to attacks on his honor and reputation. Every human being has the right to the protection of the law against such interference or attacks.
1. Every human being has the right to freedom of movement and residence within the borders of each State.
2. Every human being has the right to leave any country, including his own, and to return there.
The Pact of São José da Costa Rica, to which Brazil is a signatory, provides, in its first article, item 1: “The States Parties to this Convention undertake to respect the rights and freedoms recognized therein and to guarantee their free and full exercise to any person subject to its jurisdiction, without any discrimination for reasons of race, color, sex, language, religion, political or any other opinion, national or social origin, economic position, birth or any other status Social”.
The Pact of San José de Costa Rica also provides:
Article 7 – Right to personal liberty (…)
3. No one may be subjected to arbitrary arrest or imprisonment.
4. Every person detained or detained must be informed of the reasons for the detention and notified, without delay, of the charge or charges made against him.
5. Every person arrested, detained or detained must be brought without delay before a judge or other authority authorized by law to exercise judicial functions and has the right to be tried within a reasonable time or to be released without prejudice. for the process to continue. Your freedom may be conditional on guarantees that ensure your appearance in court.
6. Every person deprived of liberty has the right to appeal to a competent judge or court, so that the latter decides without delay on the lawfulness of his arrest or detention and orders his release, if the arrest or detention is unlawful. In States Parties whose laws provide that any person who sees himself threatened with being deprived of his liberty has the right to have recourse to a competent judge or court, in order for it to decide on the lawfulness of such threat, such recourse may not be restricted. nor abolished. The appeal can be lodged by the person himself or by another person”.
For almost 4 years, Minister Alexandre de Moraes has been conducting, in secrecy of justice, political inquiries directed at his political opponents. In a kind of “partnership” with the old press and the extreme left, “articles”, “reports” and “reports” are admitted as evidence, without questioning, replacing the action of the Public Ministry and replacing the facts themselves, and serve as the basis for abusive measures, which include political arrests, searches and seizures, account blocking, censorship of press vehicles, censorship of citizens and parliamentarians, blocking of social networks, among many other precautionary measures invented by the minister.
The same procedure of accepting depositions from suspicious and interested witnesses, and taking their words as true, is repeated in several investigations in the Superior Courts. These testimonials, “reports” and “reports”, produced by interested people, support extreme measures against conservatives, without any chance of defense or access to due process.
Folha Política has already had its headquarters invaded and all its equipment seized. Currently, all income from the newspaper is being confiscated at the behest of minister Luís Felipe Salomão, former inspector of the Superior Electoral Court, with the applause of ministers Luís Roberto Barroso, Alexandre de Moraes and Edson Fachin. For over 19 months, all income from newspapers, websites and conservative channels has been withheld without any legal basis.
If you support the work of Folha Política and can help prevent the newspaper from closing, donate any amount through Pix, using the QR Code that is visible on the screen, or the firstname.lastname@example.org. If you don’t use PIX, there is the bank transfer option to the Raposo Fernandes company account available in the description of this video and in the comment pinned at the top.