Nominated by Bolsonaro to the Supreme Court, Nunes Marques denies request to release prisoners convicted of the coup attempts of January 8th.
The minister argued that it was impossible to grant habeas corpus against a ruling by another member of the Court.
247 - Brazilian Supreme Court Justice Kassio Nunes Marques rejected a habeas corpus petition filed by an institute on behalf of those imprisoned for the terrorist attacks of January 8th of last year, when Bolsonaro supporters and far-right militants invaded and vandalized the headquarters of the Three Powers in Brasília. Nunes Marques, who was appointed to the Court by Jair Bolsonaro (PL), is not the rapporteur for the investigations related to the coup attempts; that responsibility lies with Justice Alexandre de Moraes.
According to Folha de S. PaulThe habeas corpus petition sought the release of the detainees through the adoption of precautionary measures and the transfer of the case files to the Federal Court. However, in his decision, the minister denied the petition, alleging the impossibility of granting habeas corpus against a ruling by another member of the Supreme Federal Court.
"This Supreme Court has consolidated its jurisprudence to the effect that habeas corpus petitions are not admissible when filed against a decision by a Justice of the Supreme Federal Court or against a ruling by any of the chambers or the full court of this Supreme Court," Nunes Marques explained.
To date, 116 people have been convicted for the attacks, facing sentences ranging from 3 to 17 years in prison. The Attorney General's Office (PGR) has filed more than 1.400 charges against those involved in the attacks, but some of them may benefit from plea bargains, avoiding trials by the Supreme Federal Court (STF).