The First Chamber of the Federal Supreme Court on Tuesday (Apr. 22) unanimously decided to indict six defendants from the Nucleus 2 of the coup plot. They are:
- Filipe Martins, former International Affairs advisor to then-President Jair Bolsonaro;
- Marcelo Câmara, also a former advisor to Bolsonaro;
- Silvinei Vasques, former director of the Federal Highway Police;
- Mário Fernandes, a retired general;
- Marília de Alencar, former director of Intelligence at the Ministry of Justice;
- Fernando de Sousa Oliveira, former director of Operations at the Ministry of Justice.
With the decision, the defendants will now face criminal charges for participating in an armed criminal organization, attempting to violently abolish the democratic rule of law, attempting a coup d’état, committing damage qualified by violence and serious threat, and causing the deterioration of public property.
The Supreme Court unanimously accepted the Attorney General’s complaint in a 5–0 vote, led by the vote of the rapporteur, Justice Alexandre de Moraes. He was ed by Justices Flávio Dino, Cármen Lúcia, Luiz Fux, and Cristiano Zanin.
During the trial, Justice Alexandre de Moraes delivered his opinion by addressing each topic individually and concurred with the charges brought by the Attorney General’s Office.
The justice cited the defendants’ involvement in drafting a coup plan, which included justifications for declaring a state of siege, deploying the Armed Forces under the Guarantee of Law and Order operation, and carrying out the so-called “Yellow Green Dagger” plot to assassinate Justice Alexandre de Moraes, President Luiz Inácio Lula da Silva, and Vice President Geraldo Alckmin. He also referenced the actions of the Federal Highway Police to obstruct voter movement in the Northeast during the 2022 elections.
Highway Police actions during the elections: The justice concurred with the prosecution’s allegations, stating that Silvinei Vasques, Marília de Alencar, and Fernando de Sousa orchestrated Federal Highway Police operations aimed at obstructing the movement of voters from the Northeast during the second round of the 2022 elections.
According to the justice, Alencar and Sousa compiled data on areas where Bolsonaro received low voter in the first round of the elections. Using this information, the Highway Police conducted the operations.
Yellow Green Dagger Plan: Moraes also revealed that the plan, seized from retired General Mário Fernandes, outlined “actions to neutralize” and kill the justice, as well as President Lula and Vice President Alckmin. According to the investigations, the plan was printed at the Planalto presidential palace to initiate negotiations with Bolsonaro.
“There is no doubt about the violence that occurred. Each of the accused will have the opportunity to present evidence that they did not participate, but it is impossible to deny that an attempted coup d’état took place on January 8, 2023,” said Moraes.
Draft of the coup: The rapporteur also highlighted that Bolsonaro was aware of the coup plot draft, which was seized by the Federal Police at the residence of former Justice Minister Anderson Torres.
“The defendant, Jair Bolsonaro, shortly after the indictment was presented to this , stated in a press conference that he had received, handled, and reviewed the coup draft, as he was considering declaring a state of siege or defense. What is clear now is that there is no longer any doubt that this draft was ed from hand to hand, eventually reaching then-President Bolsonaro,” he added.
During the first part of the trial, the defendants’ lawyers denied the charges and any involvement in the coup plot.
Next steps
The criminal case also marks the start of the procedural instruction phase, during which the defense lawyers will have the opportunity to present witnesses and request the production of new evidence to their arguments. The accused will also be questioned at the conclusion of this phase. The proceedings will be overseen by the office of Justice Alexandre de Moraes.
So far, only the charges against Nuclei 1 and 2 have been tried, involving a total of 14 defendants. Last month, former president Jair Bolsonaro and seven other defendants were unanimously convicted. The charges against Nuclei 3, 4, and 5 are still pending analysis.
In the first phase of the trial, the defendants’ lawyers denied the charges and any involvement in the coup plot.
