Judge orders CMA to hand over materials and shelters used in anti-democratic demonstration

Daniel Amorim – From Cenarium Magazine

MANAUS – The titular judge of the 1st Court of the Federal Regional Court Jaiza Maria Pinto Fraxe gave deadline until 14h of Thursday, 2, for the Amazon Military Command (CMA) deliver materials and shelters used by extreme right-wing supporters in Bolsonarista camp installed in front of the command in October last year.

In an order published on Tuesday, 31, the magistrate specified that the goods should be delivered to the headquarters of the Judicial Section of the Amazon. In case of non-compliance, the Federal Public Ministry (MPF) should trigger the Supreme Court (STF).

“The transport of the material is the responsibility of the defendant, given that, as stated in the letter signed by General Carlos Alberto Mansur, it was the military unit who made on its own initiative the custody of material used in the practice of offenses addressed in the records”, says an excerpt of the decision.

The judge alleged that the goods are related to crimes typified in articles 286 and 288 of the Brazilian Penal Code – namely, the practice of incitement to crime and criminal association. In addition, she cites information sent by the Government of Amazonas about the Army’s collaboration with the coup plotters.

“The Brazilian Army, despite having participated in meetings in the Crisis Cabinet – to align the coordinated actions, ‘made available, to those who requested it, space for the temporary storage of material used in the manifesto’, as well as ‘conducted negotiations individually and, inside the barracks, different from what was dealt with in the meeting, when it would be in conjunction with the Military Police,” says the decision.

The CMA also allegedly disobeyed measures presented by STF minister Alexandre de Moraes in the Argument of Noncompliance with Fundamental Precept (ADPF) 519. The measure provides, among other provisions, for the arrest in flagrante delicto of protesters who block public roads.

According to the Federal Public Ministry (MPF), the Command’s collaboration with the antidemocratic acts imply possible military crimes and administrative improbity.

Intervention

On January 9, Judge Jaiza Fraxe ordered the removal of the demonstration in front of the Military Command of the Amazon (CMA), in the west of the capital, in which the participants contested the results of the presidential election and called for military intervention. The judge established a fine of R$ 1 million for the delay and R$ 100 thousand for the following hours of delay.

The decision was motivated by the terrorist acts that occurred at the headquarters of the Three Powers, in Brasilia, the day before.

Read also: In AM, federal judge determines immediate withdrawal of Bolsonarist camp in front of the CMA

Read the decision in full: