By MARCELO AITH*
The exhaustive investigation by the Federal Police shows that Brazil was on the brink of a coup d'état
In recent days, Brazil was taken by surprise by the Federal Police's Operation Countergolpe, which resulted in the arrest of four Army officers linked to the Special Forces, known as "black kids", as well as a federal police officer. Among those arrested are Brigadier General Mário Fernandes (retired), Lieutenant Colonel Hélio Ferreira Lima, Major Rodrigo Bezerra Azevedo, Major Rafael Martins de Oliveira and federal police officer Wladimir Matos Soares. The arrests were based on a detailed investigation that exposed a complex plan to carry out a coup d'état in Brazil.
According to the investigation report, those involved planned to “reestablish law and order” through military action, under the pretext of combating an alleged threat to democracy. The central objective of the plan was to control the three branches of government in the country and reverse the result of the 2022 presidential election.
The coup plotters' strategic planning included the arrest of Supreme Court justices and actions against President-elect Luiz Inácio Lula da Silva and Vice President Geraldo Alckmin. Mário Fernandes is considered one of the main organizers, with the plan called "Green-Yellow Dagger". There was also the intention of creating a "Crisis Cabinet" to consolidate the coup, with the participation of high-ranking military personnel such as Augusto Heleno and Braga Netto.
The PF report also details the use of clandestine techniques to monitor authorities, such as Minister Alexandre de Moraes, including assassination attempts. Investigations indicate that Special Forces soldiers used anonymization technologies to make it difficult to identify those involved.
High-ranking figures are also being investigated. Then-President Jair Bolsonaro is said to have revised a draft decree to support the coup, while General Estevam Theophilo participated in meetings to discuss the necessary military support. In addition, Federal Police agents, such as Wladimir Matos Soares, are accused of providing information about the president-elect's security.
The decision to order the preventive detention of those involved was based on critical factors highlighted by the Federal Police investigation and ratified by Minister Alexandre de Moraes. The main reasons include:
Seriousness of the crimes: Those investigated are accused of planning extremely serious acts, such as an attempted coup d'état, monitoring and possible assassination of authorities and the arrest of STF ministers.
Dangerousness of those involved: Those investigated are described as members of a criminal organization with significant operational capacity to carry out acts of violence and subversion of the democratic order.
Risk of continuation of criminal activities: Maintaining the freedom of those investigated represented a concrete risk of the continuation of the coup plan.
Obstruction of Justice: There was the possibility of destroying evidence and intimidating witnesses, justifying the arrest to ensure criminal investigation.
Military planning and coordination: The high level of planning and coordination, with military and clandestine techniques, reinforced the need for preventive detention to interrupt criminal activity.
These reasons were considered sufficient by Minister Alexandre de Moraes to justify the extreme measure of preventive detention, with the aim of protecting public order and ensuring the effectiveness of the ongoing criminal investigation. Is Moraes' decision correct?
The ordering of pre-trial detention requires compliance with specific legal requirements established by the Code of Criminal Procedure. In the case involving the attempted coup d'état, the decision for pre-trial detention was based on factors that meet these requirements.
The legal requirements for pre-trial detention are, in summary:
Proof of materiality and sufficient evidence of authorship: In order for pre-trial detention to be ordered, there must be evidence of the materiality of the crime and sufficient evidence of authorship. In the case in question, the investigation presented robust evidence of a detailed plan to destabilize the government and subvert the democratic rule of law;
Guarantee of public order: Preventive detention may be justified by the need to guarantee public order. In this case, the dangerousness of the suspects and the seriousness of the planned actions, such as the monitoring and possible assassination of authorities, were considered significant threats to public order;
Convenience of the criminal investigation: Another requirement is the convenience of the criminal investigation, which aims to avoid the destruction of evidence or the intimidation of witnesses. The decision highlighted the concrete risk of obstruction of justice if the investigated parties remained at liberty, justifying preventive detention to ensure the effective collection of evidence and;
Ensuring the application of criminal law: Pre-trial detention may be ordered to ensure that criminal law is effectively applied, especially when there is a risk of those under investigation fleeing. Given the high profile of those involved and the complexity of the plan, the possibility of escape was considered a real risk.
The exhaustive investigation by the Federal Police shows that Brazil was on the brink of a coup d'état. Extraordinary circumstances prevented the execution of the plan, ensuring the maintenance of democracy. This episode reinforces the need for constant vigilance to preserve the democratic rule of law. Never again to military dictatorship. Long live democracy!
*Marcelo Aith is a criminal lawyer with a master's degree in criminal law from PUC-SP.
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