Justice Alexandre de Moraes of Brazil's Supreme Court (STF) has implemented a procedure for the January 8th coup plot cases involving only subpoenaing prosecution witnesses, leaving the defense responsible for bringing their own witnesses to court.
This decision has caused concern among lawyers defending those accused by the Prosecutor General's Office (PGR) of plotting a coup after Lula's election in 2022. Five lawyers expressed concerns to Folha that this could hinder crucial testimony for the accused.
However, three STF ministers, speaking off the record, defended the procedure, stating it's a valid countermeasure to delaying tactics.
The STF asserts that the procedure is legally sound, citing Article 455 of the Civil Procedure Code and a previous ruling (appeal in criminal case 2437) by its First Chamber.
The article details several instances, including the case against Deputy João Carlos Bacelar, where witness subpoenas were authorized after defense justification. In contrast, the article notes that defense strategies in some cases involved including irrelevant witnesses to potentially obstruct the process. Examples include the defense's witness lists for Filipe Martins (including Moraes and Tagliaferro), Rodrigo de Azevedo (including Lula and Dino), and Marcelo Camara (including Federal Police investigators).
The article concludes by highlighting the legal framework regarding witness numbers under Article 401 of the Criminal Procedure Code, noting that this number is adjustable based on case complexity.