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A military judge sends the Supreme court trial against colonels accused of coup in Brazil

A military judge sent this Monday to the Supreme Court a process against four Army colonels accused of coup in Brazil for considering that the case is related to others already investigated by the highest court on the attempted coup d’état against President Luiz Inácio Lula da Silva.

The federal military judge responsible for the case, Alexandre Augusto Quintas, considered that, because they are common crimes already investigated by the Supreme Court, the Military Justice has no competence in the process, the Military Court of Justice of the Union reported in a statement.

The four officers were accused of having written a letter at the end of 2022 to try to pressure their superiors, especially the Army command, to take measures to prevent the investiture of Lula, winner of that year’s presidential elections.

At the time, thousands of followers of the then Brazilian president and defeated in the elections, the far-right Jair Bolsonaro, camped in front of the barracks throughout the country with the intention of pressuring the Armed Forces to promote a coup.

The Army opened a military police investigation against the colonels for the authorship of the document, which concluded with the request for the opening of a trial against them for the crimes of incitement to disobedience and indiscipline.

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According to the note, the process “noted that the officers participated in the authorship and review of the document, which consisted, in summary, of a public criticism of authorities and institutions, especially the commander of the Brazilian Army.”

According to Quintas, the facts investigated by the Military Justice have a connection with several investigated by the Federal Police in processes instructed by Magistrate Alexandre de Moraes, of the Supreme Court.

Such cases include the assaults against the headquarters of the Presidency, Congress and the Supreme Court on January 8, 2023 in which thousands of Bolsonaroists tried to force a coup d’état, and the alleged conspiracies of some members of the government of the far-right leader to try to prevent Lula’s investiture.

As part of one of such processes, the Federal Police requested last December the opening of a trial against 40 accused of plotting a coup d’état, including Bolsonaro and former Defense Minister Walter Braga Netto, who has been imprisoned since December.

According to the military judge, three of the colonels accused of drafting the coup letter are among the 40 investigated in the process for attempted coup d’état in Brazil, violent abolition of the Democratic Rule of Law and association to commit crime.

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Quintas cited in his decision a sentence in which the Supreme Court determined as its competence to prosecute and judge all crimes related to coup acts, regardless of whether those investigated are civilians or military.

“Therefore, there is no competence of the Military Justice of the Union to prosecute or judge military personnel of the Armed Forces for the practice of crimes that occurred on January 8, 2023, especially those provided for in the Criminal Code such as terrorist acts, threat, persecution, incitement to crime, criminal association, violent abolition of the Democratic Rule of Law and coup d’état, all already under the appreciation of the Supreme Court,” the magistrate concluded.

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