Brazil: Justice Moraes decides that it is up to the STF to judge military personnel involved on January 8

Brazilian Justice Alexandre de Moraes decided it is up to the Federal Supreme Court (STF) to judge military personnel who may have been involved in acts of vandalism on January 8.

The magistrate analyzed a request from the Federal Police on the matter.

He also authorized the opening of an investigation into the alleged participation of military personnel of the Military Police of the Federal District and the Armed Forces in the acts of January 8.

“I establish the jurisdiction of the Federal Supreme Court to prosecute and judge the crimes that occurred on 8/1/2023, regardless of whether the investigated are civilians or military, and I uphold the representation of the Federal Police and authorize the opening of investigative proceedings to investigate the authorship and materiality of possible crimes committed by members of the Armed Forces and military police related to attacks against democracy that culminated with the criminal and terrorist acts of January 8, 2023,” wrote the Justice.

Moraes pointed out that the crimes investigated on the occasion of the acts in Brasília are provided for in the Penal Code.

He pointed out that the law does not “distinguish civilian or military public servants, whether of the Armed Forces or the States (military police).”

“There is, therefore, no competence of the Union Military Justice to prosecute and try military personnel of the Armed Forces or the States for the practice of crimes that occurred on 8/1/2023,” said the Justice.

The crimes cited by the magistrate are terrorist acts, including preparatory, persecution, damage, incitement to crime, arson, armed criminal association, violent abolition of the Democratic State of Law, and coup d’état.

“The Military Penal Code does not protect the person of the military, but rather the dignity of the very institution of the Armed Force’s competence ‘ad institutionem’, as peacefully decided by this Supreme Court when it defined that the Military Justice does not judge ‘military crimes,’ but rather ‘military crimes,'” said Moraes.

With information from Gazeta do Povo

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