Minister Alexandre de Moraes, voted, this Friday (11), for the acquittal of a homeless person who had been accused of participating in the attacks on the headquarters of the Three Powers, in 2023.
Vitor Manoel de Jesus was arrested on January 8 and ended up being charged by the Attorney General’s Office (PGR). The criminal case has been ongoing since May last year.
“In the present criminal action, there is no evidentiary element that could without a reasonable doubt prove its subjective element of the type of intent for the commission of the crimes charged by the Prosecutor’s Office”, concluded Moraes.
According to the vote, it was not proven that Vitor Manoel had allied himself with “the criminal crowd” to carry out the attacks.
“Furthermore, there is no evidence that the accused was part of the criminal association, contributing to the execution or incitement of crimes and the recruitment of people, even more so due to his condition of extreme vulnerability”, he added.
Still according to the minister, it was clear that the defendant did not even know what a “coup d’état” or “deposition of the government” would be, as he reported in his interrogation in court.
Third case
Two other homeless people were acquitted by decisions of the Federal Supreme Court (STF).
In March, it was Geraldo Filipe da Silva’s turn. He had been accused by the PGR of the same crimes charged to the other defendants who respond to the actions for the invasion and destruction of the headquarters of Power: coup d’état, abolition of the democratic rule of law, armed criminal association, qualified damage and deterioration of listed property.
Arrested in the act on January 8, he was granted provisional freedom by Moraes in November 2023.
In a statement after being arrested, he said that he had been homeless in the Federal District for three months and that he went to the location of the demonstrations “out of curiosity” in the late afternoon.
During interrogation during the action, he stated that he did not vote in the 2022 election “because he did not regularize his title, done in Ceará” and that “he was never part of politics, that he only read a little about politics when he started living on the streets” .
In August, Wagner de Oliveira was acquitted. During the instruction of the action, he gave a statement and said that he attended the camp set up in front of the Army Headquarters “just to eat and take shelter”.
According to the rapporteur, the Public Ministry was unable to gather concrete evidence that the homeless man had the intention of invading or vandalizing the headquarters of the Three Powers in Brasília.
