The PGR claims that the former MP committed incitement to crime and crimes under the National Security Act and a law that is typical of racially motivated crimes (see below). The complaint was signed by Assistant Attorney General Lindora Araujo.

Jefferson was arrested on the 13th by order of STF Minister Alexandre de Moraes, a digital police investigation rapporteur.

In a 10-page complaint, the attorney’s assistant lists the actions of the PTB president between February and July of this year.

“On February 21, 2005, July 23, July 26, July 28 and other days in 2021, Roberto Jefferson, through social media posts and interviews, practiced actions that are criminalized under the Penal Code in the National Code.” security and in the Law defining crimes based on racial or color prejudice, “he said.

The STF must now set a deadline within which Jefferson’s defense must respond to the charges within 15 days. The court will then analyze whether it will receive a complaint that could turn Jefferson into a defendant.

I do not send PGR, the following crimes are listed:

Instigate the crime of “destroying, disabling or damaging another’s property”, “using flammable or explosive substances” and “against the assets of the Union, state, federal district, municipality or autarky, public foundation, public company, society. mixed economy or utility company. ” fine detention for three to six months or a fine…

• In the National Security Law:

Instigate the practice of the offense of “attempting to prevent, by violence or grave threat, the free exercise of any of the powers of the Union or the States,” with from one to four years in prison… PGR claims that this happened three times.

“slander or slander The President of the Republic, the Federal Senate, the Chamber of Deputies or the Federal Supreme Court, attributing to them a fact that is defined as a crime or an offensive fact, ” from one to four years in prison…

• In the law defining the crime of racism:

“Practice, inducement or incitement to discrimination or prejudice based on race, color, ethnicity, religion or national origin through the media or publications of any kind, “c from two to five years in prison and a fine… PGR claims the crime was committed twice.

In a decision authorizing the arrest of a former deputy released on the day of the measure, Moraes wrote that the politician is part of a “possible criminal organization” that seeks to “destabilize republican institutions.”

“A possible criminal organization – theoretically represented as part of the political core – which has as one of its goals to destabilize republican institutions, especially those that can constitutionally oppose illegal or unconstitutional actions, as argued by the Federal Supreme Court (STF) and the National Congress itself.” , – wrote Moraes.

Moraes also said that the alleged organization, of which Jefferson is a part of the political core, has a virtual network of supporters who share messages with the aim of overthrowing the “democratic structure.”

“A virtual network of supporters who act in a systematic manner to create or disseminate messages with the ultimate goal of overthrowing the democratic structure and the rule of law in Brazil,” Moraes said.

Jefferson is in preventive detention, which does not have a predetermined time limit in the criminal procedure law. In practice, he must remain in this state until a new assessment of the case.

The Criminal Procedure Code provides for a review of a preventive detention every 90 days. However, the Supreme Court has already established the understanding that the absence of such a revaluation does not mean that imprisonment is illegal.