Moraes files lawsuits against PL politicians for inciting the 8th of January

Minister Alexandre de Moraes, of the STF (Supreme Federal Court), filed two investigations against politicians from the PL (Liberal Party) for posts on social media for alleged incitement to the coup acts of January 8, 2023.

In the decisions released this Monday (29), the proceedings against federal deputy André Fernandes (CE) and former federal deputy and pre-candidate Sílvia Waiãpi (AP) were suspended. Both had been accused of inciting the acts of 2023 through content that showed the seizure of the Esplanada dos Ministérios.

The Federal Police investigation points out that Sílvia's conduct could be classified as a crime of opinion, but that, as the former deputy had not yet received a diploma at the time, she did not have parliamentary immunity - which would require an investigation in the first instance.

However, in the opinion of the PGR (Attorney General's Office), the post was based on just a republication of widely publicized content about the acts of January 8th and after their execution.

In the same way, the body's statement also highlights that there were no publications prior to the date of the event that would constitute an incitement.

In the case of Fernandes, the PF argued that the parliamentarian publicly incited the commission of a crime with posts that would support the depredation of public property and publicize criminal acts.

For the PGR, although publications can influence behavior that could lead to a crime, in the episode in question it was not possible to demonstrate a level of influence by Fernandes, thus requesting the investigation to be closed.

When contacted by CNN Brasil, Sílvia Waiãpi, through her lawyers, stated that she received the decision with "serenity and respect for the institutions". The note also informs that "the decision represents the recognition that the necessary legal assumptions for the continuity of the investigation were not present."

Check out the note from Sílvia Waiãpi's defense
"The Barbosa Morais Advogados office, responsible for the legal representation of former federal deputy and pre-candidate Sílvia Waiãpi, expresses its opinion regarding the decision handed down this Monday (29/06/2026) by Minister Alexandre de Moraes, of the Federal Supreme Court, which ordered the shelving of the investigation initiated in the face of our constituent.

The decision fully accepted the statement of the Attorney General's Office, which concluded that there was no just cause for the continuation of the criminal prosecution, recognizing the absence of elements capable of justifying the filing of a complaint.

In the opinion accepted by the Federal Supreme Court, it was stated that the publications attributed to Ms. Sílvia Waiãpi occurred after the beginning of the events of January 8, 2023, with no causal link between her conduct and the facts investigated. It was also recognized that the content shared was not produced by her, circumstances that rule out the criminal liability intended in the investigation.

The decision reaffirms important pillars of the Democratic Rule of Law, among them due legal process, the presumption of innocence, the need for just cause for the initiation of criminal action and respect for the accusatory system provided for in the Federal Constitution, according to which it is the responsibility of the Public Prosecutor's Office to assess the existence of elements for filing a complaint.

The Barbosa Morais Advogados office receives the decision with serenity and respect for the institutions, understanding that it honors the technical performance of the criminal prosecution bodies and the Federal Supreme Court, demonstrating the Judiciary's commitment to the impartial analysis of the facts and the strict observance of constitutional guarantees.

Finally, we reiterate our confidence in republican institutions and highlight that the decision represents the recognition that the necessary legal prerequisites for the continuity of the investigation were not present, reestablishing legal certainty and preserving the fundamental rights of our constituent.

Barbosa Morais Advogados

Brasília/DF, June 29, 2026."

CNN Brasil also contacted congressman André Fernandes, but did not receive a response by the time the report was completed. The space remains open for demonstrations.

8/1: Moraes closes the actions of defendants who complied with the agreement | LIVE CNN

*Under supervision of Lucas Schroeder

Source: CNN