Moraes' decision regarding January 8th weakens the Superior Military Court and threatens the existence of Military Justice, according to military sources.
Minister transferred trials of military personnel involved in the attacks from the Superior Military Court (STM) to the Supreme Federal Court (STF): 'the STF doesn't like the Military Justice system, and doesn't trust it'.
247 - A decision by Supreme Federal Court (STF) Justice Alexandre de Moraes The decision to transfer the trials of military personnel involved in the January 8 attacks from the Superior Military Court (STM) to the Supreme Court has displeased the military.
"It's like a funeral," an "observer" told Malu Gaspar of the newspaper. The Globe.
>>> Moraes opens inquiry to investigate military involvement in the 8/1 attacks.
In his decision, Moraes stated that "the jurisdiction of the Supreme Federal Court does not distinguish between civilian or military public servants, whether from the Armed Forces or the States (military police). Military Justice does not judge crimes committed by military personnel, but rather military crimes. None of the defining hypotheses for the jurisdiction of the Union's Military Justice are present in this investigation."
Members of the Military Justice disagree: "The Planalto Palace is an area under military jurisdiction. Therefore, the soldier from the Presidential Guard Battalion who was negligent in preserving public property committed a military crime. At the very least, Moraes doesn't trust the Military Justice system. It's an affront."
"Experts in military law have assessed, off the record, that there is no jurisprudence regarding crimes potentially committed by military personnel on January 8th in the Superior Military Court (STM). This is because the crimes of coup d'état, terrorism, and violent abolition of the rule of law are not foreseen in the Military Penal Code," the report states.
According to a minister of the Superior Military Court (STM), "Moraes suppressed the competence of the Military Judicial Police to investigate. They (the Supreme Federal Court) don't like the Military Justice system, and they don't trust it."
Another source states that Moraes' decision reinforces the discussion about the very existence of Military Justice. Civil justice sees the militarized arm of law as an excrescence. In the assessment of STM magistrates, Moraes' decision weakens the court and indirectly reinforces the discussion about the end of Military Justice.