STF judges seven more defendants on January 8 in a virtual session; know who they are

The Federal Supreme Court (STF) will judge seven defendants accused of participating in the execution of the criminal acts of January 8th at midnight this Friday (6).
The analysis of the actions will be carried out in a virtual session that will last until the 16th.

In this format, there is no debate between ministers, who vote through an electronic system.

The session will open with the written vote of the rapporteur, Minister Alexandre de Moraes. The other magistrates will present their votes next.

Until the end of the session, it is possible to request viewing (which interrupts the trial) or highlighting (which sends the analysis to the physical plenary of the Court).

Lawyers can make their statements to ministers through video sent in the processes.

The defendants who will be tried for the January 8 attacks this session are:

• Reginaldo Carlos Begiato Garcia;
• Jorge Ferreira;
• Claudio Augusto Felippe;
• Jaqueline Freitas Gimenez;
• Marcelo Lopes Do Carmo;
• Fatima Aparecida Pleti;
• Edineia Paes Da Silva Dos Santos.

Find out who’s who at the end of this report.

Each action will be analyzed and judged individually. They are all accused of being part of the group of executors of the acts that led to the invasion and depredation of the headquarters of the Three Powers.

They are responsible for the crimes of:

• armed criminal association;
• violent abolition of the democratic rule of law;
• coup d’etat;
• qualified damage;
• deterioration of listed heritage.

The complaints were filed by the Attorney General’s Office (PGR).

The STF has already sentenced six people for participating in the acts, with sentences ranging from 12 to 17 years. Half of these defendants were judged in physical plenary and the other half in virtual format.

Know who is who

Reginaldo Carlos Begiato Garcia : Resident of Jaguariúna (SP), he is 55 years old. In his interrogation, he said that he participated in the acts with peaceful intent and that he did not commit any depredation. He stated that he entered the Senate to take shelter, because of the “violent conflict” unfolding outside.

At the scene, he said he just prayed and did not see people destroying or damaging the building. Garcia also said that he had no intention of staging a coup or deposing the government, just “expressing his discontent”.

On his cell phone, Federal Police experts found photo and video files created by him with images of the events of January 8th.

His defense said that there is not enough evidence for his conviction, that he went to Brasília to participate in a peaceful demonstration, “but that unfortunately during the demonstration there was great confusion and depredations that go completely contrary to what he believes, considering that he did not give rise to any unlawful act.” He had his arrest revoked on August 7.

Jorge Ferreira : farmer from Miracatu (SP), in Vale do Ribeira, is 59 years old and works independently on a banana plantation. In his statement, he said that he came to Brasília at the beginning of January to go for a walk with a friend, and that he would initially stay in the city for three days.

Ferreira stated that he did not come to participate in the demonstration and that he was at the Esplanada dos Ministérios, on the day of the events, “as a tourist” to take souvenir photos. He stated that he bought a Brazilian team shirt from street vendors who circulated in the region.

The defendant said he ended up entering the Palácio do Planalto, where he was detained. He stated that he saw people praying there and decided to join them. He also declared that he had nothing against the current government and believed in Brazilian democracy. His defense said in the process that the accusation against Ferreira was made “out of context” and in a disorganized and confusing way.

He also argued that the complaint is generic and did not attribute individual conduct to the defendant. The lawyers stated that Ferreira was arrested “along with 1,600 other people for being in the vicinity of Praça dos Três Poderes in Brasília/DF on the morning of 01/09/23”, which differs from official information. Ferreira had his preventive detention revoked on August 8.

Claudio Augusto Felippe : 59-year-old Paulistano, said during interrogation that he participated in the demonstrations for peaceful purposes, that he arrived in Brasília alone, on a regular bus route with a ticket paid for by himself, and that he came to the capital as a tourist.

Felippe stated that he did not commit acts of violence or vandalize public buildings. He entered the Palácio do Planalto to take shelter because there was a “violent conflict” outside. He also declared that there were no barriers preventing entry to the building and that he had no intention of staging a coup or deposing the government.

His defense said that the PGR “failed” to present evidence of materiality and authorship of the defendant for the accusations made, in addition to making a “generic” complaint.

“There was no individualization of conduct and much less was there any intention to say that the defenses were heard. Because Mr. Cláudio was not armed, he did not break anything and only entered a building, by the way: public”, stated the lawyers. The defendant remains in prison.

Jaqueline Freitas Gimenez : A 40-year-old resident of Juiz de Fora (MG), she told the police when she was arrested that she arrived in Brasília on January 6th on a tour, and that she was camped in front of the Army Headquarters. She brought with her R$180 to pay for her food.

According to her statement, she “does not know who organized the excursion, only finding out that a bus was leaving for Brasília, and she boarded it”, and that she did not pay for the trip.

“When asked about the mission of the invasion of public buildings, she replied that she did not know who exactly was leading the movement; When she arrived at the scene, the ‘ramp building’ was already open and everything was broken; As there was a lot of gas at the front, she went into the main hall of the ‘ramp building that doesn’t know the name’”, says an excerpt from her statement in the arrest report.

The building in this case is the Palácio do Planalto, where she was arrested on January 8. She also told the police that her objective was just to occupy the buildings, “to sit and wait until ‘a military intervention comes’ so as not to let Lula govern, as there was robbery in the 2022 elections”.

The defendant’s defense said that she went to Planalto to demonstrate peacefully and “in favor of democracy and fighting for more transparency regarding how the voting took place and the security of electronic voting machines”.

Lawyers also said that “at no time” did Gimenez want the abolition of the Democratic Rule of Law or a coup d’état, “nor did he associate with the vandals/criminals who committed excesses, not damaging any of the union’s assets or listed assets.” Jaqueline Gimenez also remains in prison.

Marcelo Lopes do Carmo : Resident of Aparecida de Goiânia (GO), aged 39, Marcelo do Carmo was arrested inside the Planalto Palace. He said when detained that he was lying in place on the instructions of the military.

He also said that when he got there, the windows were already broken and that he had “no intention” of breaking into the place.

“The majority of those who went up to the Palace did so because they were scared by the explosions of gunshots and gas bombs thrown by the police,” he said after being arrested in the act. He also stated that his only act on January 8 was to “demonstrate” and that he did not act violently.

“The objective of the demonstration is to disagree with the results of the elections,” he told the police.

During the process, he responded during questioning that he did not see anyone destroying or damaging the buildings, and that there was no barrier preventing people from entering the place. He also declared that he had no intention of staging a coup or deposing the elected government, “but only of expressing his discontent”.

Carmo’s defense argued that he did not associate with “vandals and criminals” who practiced “excesses”.

The lawyers said that the defendant tried to convince other invaders not to break things, but that all his attempts “were frustrated, so that he, outraged by what was happening, decided to leave the place, as he realized that he and the little one group of people who were trying to contain the crowd would not be successful.”

The defense also highlights that these attempts to prevent vandalism were hampered by the lack of support from the police, “because, as was evident, many police officers let such criminals invade, and even supported such acts”.

“So, when they were leaving the place, they were surprised by the riot police throwing gases towards them, so that the accused found himself cornered, unable to leave the place and being pushed into the Palácio do Planalto, as it turned out. the only possible place to escape the gas bombs.” On August 7, his arrest was revoked.

Fátima Aparecida Pleti : 62-year-old resident of Bauru (SP), Fátima Pleti came to Brasília by caravan on a bus chartered by the “Patriots group”. She said in her statement that she attended the camp in front of the Army barracks in Bauru every day. There, the street that leads to the military unit, in the city center, was blocked for weeks, due to tents and tents set up.

According to Pleti, the objective of the group that organized the caravan was “for the Armed Forces to act and save the country from communism”. In her statement, she said that she found out that Congress had already been invaded when she was still on the bus, and that she decided to get off before arriving at the Army HQ to walk to Praça dos Três Poderes.

She stated that she stayed in the Senate Black Room area and stayed there until she was taken to the Senate police station. She also said she did not damage any property.

Her defense stated that the defendant did not commit any of the conduct alleged in the complaint and that she only entered the Senate to protect herself from the gas bombs. “So much so that when she was arrested, she was hiding and very afraid, and no criminal material was found with her,” said the lawyers.

“It is also important to keep in mind that many police officers allowed such criminals to invade, and even supported such acts, so that the accused was only deceived by the police officers, who said that the Senate was the safest place and that she should go to the place ”, declared the defense. She had her preventive detention revoked on April 7.

Edineia Paes da Silva dos Santos : 38-year-old resident of Americana (SP), Edineia Santos said she came to Brasília “with the aim of participating in a movement in favor of the nation”. She camped in front of the Army HQ and walked towards the Praça dos Três Poderes.

“When the confusion began and gas bombs were thrown, he decided to take shelter near the Palácio do Planalto, in a type of pit,” he told the police.

“She remained lowered at the scene for a few moments until she was detained by a police officer”, says an excerpt from the arrest report.

She stated in her interrogation that when she was trying to hide in Planalto, a police helicopter started dropping gas bombs, and she then ran to the other side and found people praying, at which point she decided to enter the building to take shelter.

She said she put a t-shirt over her face to protect herself from the gas. When trying to leave the building, she came across the Police Riot Squad, and then “jumped off the ramp and decided not to run, as she believed she had done nothing wrong”.

She was detained near the Planalto ramp and said she had not vandalized anything. Her lawyers stated that she participated in the acts peacefully and in favor of democracy. They also said she entered the Palace to take shelter from bombs. Edineia was released on August 7th.