Janones will request Bolsonaro's arrest after he said he was under the influence of drugs when he encouraged the coup.
Bolsonaro testified on Wednesday and stated that the post linking him to the attempted coup of January 8th was made "unintentionally."
247 - Federal deputy André Janones (Avante-MG) announced on Twitter this Wednesday (26) that he will again ask the Justice system for the provisional arrest of Jair Bolsonaro (PL) for encouraging the terrorist attacks of January 8, which culminated in the invasion and depredation of the headquarters of the Three Powers in Brasília, in an attempted coup.
This Wednesday Bolsonaro gave a statement to the Federal Police. (PF) regarding the case. Investigators believe that a post he made on January 11 links him to the coup attempts that occurred three days earlier, since the post, which questioned the electoral system without presenting evidence, was considered a sign that he might have encouraged the invasion of the buildings of the Three Branches of Government.
To the Federal Police, Bolsonaro stated that made the post "by accident"Former minister and Bolsonaro's lawyer, Fabio Wajngarten, claimed that the former occupant of the Planalto Palace was under the influence of medication when he made the post.
According to Janones, the crime committed by Bolsonaro cannot be considered "culpable" and, therefore, he can be subject to an arrest warrant. "The only legal provision in our legal system that considers the absence of intent on the part of the agent (in this case, Bolsonaro) to produce the harmful event, as an exclusion of unlawfulness, is in so-called 'culpable crimes'. However, the crime committed by Bolsonaro, in this case the attack on electronic voting machines and, consequently, on the Democratic Rule of Law, does not fit this description. Therefore, there is no longer any legal impediment to the arrest warrant for the former president."
"I will file a request for Bolsonaro to be provisionally detained as quickly as possible," the congressman announced. "With Bolsonaro in custody, it will also facilitate the work of the Joint Parliamentary Inquiry Commission (CPMI) that will be established today to investigate another crime: the terrorist attacks of January 8th. The expectation is that in the CPMI, we will then be able to gather sufficient evidence to convert the provisional detention into preventive detention, and safeguard our democracy."