The Supreme Military Court (STM) has ordered the release of 41-year-old Major Joao Paulo da Costa Araújo Neves from custody on a preventive basis for disobeying an army recommendation banning political party demonstrations. The serving officer used social media to promote a provisional candidacy for federal deputy and defended President Jair Bolsonaro (PL).
In a unanimous decision on Tuesday, March 31, the ministers responded to a request for habeas corpus submitted by the defense to ease prison conditions.
Minister Rapporteur Francisco Joseli Parente Camelo, who dismissed the appeal in the first individual review, reconsidered the position, shifting the process to a collegial decision. He concluded that the arrest was necessary to “stop the disturbance of order and discipline in the barracks” and “pedagogical” for the other soldiers, but that the Major could react to the process at large.
“Given that almost 30 days have elapsed between the order on remand and the present judgment on the merits, I consider that the requirements that led to the preventive restriction of the patient’s freedom of movement no longer apply, given the achievement of the purpose to which the measure is intended, then is to restore order, hierarchy and discipline,” he defended.
The defense argues that the Major has the right to “exercise his political rights” and, since this is an election year, he can even advance a provisional candidacy if he respects the party affiliation window. Active members of the armed forces may only apply to formally join a political party after the expiration of the convention and after removal from office.
In another part of the vote, the minister stressed that, in his assessment, there had been a disciplinary offence.
“There is no way to grant a safe-conduct to a patient, a conscript, to continue posting in his social networks manifestations of a party-political nature that would offend the authority of his commander, under pain of such a measure, which is a real approval by the judiciary of non-compliance with the legal system as a whole,” – he emphasized.
Major was taken into custody on May 5 for ignoring warnings from his superiors and continuing to use his Facebook, Instagram and Twitter profiles as campaign platforms. Prior to his arrest, he advertised and participated in political activities, including a rally organized by the Bolsonarists on 7 September last year.
There are also publications in favor of the fight against the pandemic, on the pardon of MP Daniel Silveira (PTB-RJ). the military coup of 1964 and the “public vote”. He also called Minister Alexandre de Moraes, one of the main targets of Bolesonaro militancy in the Federal Supreme Court (STF), an “egghead” and criticized former President Luiz Inácio Lula da Silva (PT).
On March 31, the anniversary of the 1964 military coup that launched the dictatorship in Brazil, major publications from the previous year were published. In the video, Neves says he was disciplined for the content, but repeats the posts.
“In 1964, we stopped communism, but the same outcasts of that time have been tormenting our country for the past 30 years. Let’s send this bunch again, ”says one of the reposts.
