Moraes: Disinformation hub tried to discredit elections
Minister said that the group sought to undermine the Electoral Court to remain in power
247 - The First Panel of the Supreme Federal Court (STF) resumed on Tuesday (21) the trial of seven defendants accused of being part of the so-called “fourth group” of the coup plot. The group is identified as responsible for the disinformation strategy used to try to undermine the election results. The session was marked by the vote of the rapporteur, Minister Alexandre de Moraes, who highlighted the seriousness of the defendants' actions.
Moraes stated that the group's central objective was to create instability to prevent the elected officials from taking office. "The criminal organization intended to discredit the elections in order to remain in power, even if the result was adverse. And, once the elections were finalized with an adverse result, to prevent the democratically elected president and vice-president from assuming office," the minister declared.
Misinformation is not freedom of speech, says rapporteur.
During the reading of his vote, Moraes refuted the arguments of the defense, which sought to frame attacks on the Electoral Court as freedom of expression. According to the minister, this narrative has no legal basis. "It's a fallacy, a lie, absurd, criminal and anti-democratic, to say that this use of attacks on the Electoral Court, attacks on the Judiciary, attacks on democracy, hate speech, is freedom of expression. This is a crime defined in the Penal Code," he stated.
The seven defendants in the disinformation ring are: former Army Major Ailton Barros; reserve Major Angelo Denicoli; engineer Carlos Rocha; Sub-Lieutenant Giancarlo Rodrigues; Lieutenant Colonel Guilherme Marques Almeida; federal police officer Marcelo Bormevet; and Colonel Reginaldo Vieira de Abreu. Moraes began his vote by rejecting all preliminary arguments presented by the defense, which involved procedural issues.
The path to judgment.
Following the rapporteur's statement, the trial will continue with the votes of ministers Cristiano Zanin, Luiz Fux, Cármen Lúcia, and Flávio Dino. The process had already been opened last week, when the Attorney General of the Republic, Paulo Gonet, argued for the conviction of all the accused.
According to the Attorney General's Office (PGR), the group allegedly "fabricated and disseminated false narratives against the electoral process, the constitutional powers, and the authorities that represent them, creating and fostering the social instability necessary for institutional rupture." In addition to the campaign against the electoral system, the accused are also accused of using online attacks to pressure the commanders of the Armed Forces to join the coup plot.
Precedent in criminal law
The potential conviction of the fourth group could set a historic precedent in the Supreme Court regarding criminal liability for disinformation against the electoral system. Until now, punishments in this area have only occurred in the electoral sphere, as in the cases of former President Jair Bolsonaro and former Congressman Fernando Francischini, convicted of spreading fake news about electronic voting machines.
Structure of the accusation
The Attorney General's Office divided the accusations into five distinct groups. The first, called the "crucial group," was judged in September, resulting in the conviction of eight defendants, including former President Jair Bolsonaro. In November, the Supreme Court will analyze group three, composed of nine military officers and one federal police officer, investigated for planning the kidnapping of Moraes. In December, it will be the turn of group two, accused of coordinating the group's actions.
