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Moraes Votes to Acquit General, Convict Nine in STF Coup Plot Case

A final outcome depends on pending votes from three remaining justices.

Overview

  • Relator Alexandre de Moraes said evidence against General Estevam Theóphilo rests chiefly on a collaborator’s account and one message, applying in dubio pro reo to support acquittal.
  • In the same vote, Moraes favored convictions for nine defendants from Núcleo 3 on charges ranging up to armed criminal organization, attempted coup, violent attack on the democratic order, qualified damage and harm to protected patrimony.
  • Two defendants, Márcio Nunes de Resende Júnior and Ronald Ferreira de Araújo Júnior, would face lesser counts of incitement against the Armed Forces and criminal association based on the relator’s assessment of the record.
  • Moraes cited Federal Police seizures and reports — including the Copa 2022 and Punhal Verde e Amarelo plans and a cache with explosives and heavy munitions from Tempus Verictatis — as evidence of preparation for violent actions.
  • The session of the Supreme Court’s First Panel was suspended and will resume for the votes of Cristiano Zanin, Cármen Lúcia and Flávio Dino, while defenses continue to deny participation and challenge the investigation.