Judge says he was wrong to release man who broke historic clock on January 8

The judge who ordered the release of the man accused of destroying a historic 17th century clock during the coup acts of January 8, 2023, gave testimony this Monday 23 to the Federal Police.

During the hearing, Lourenço Migliorini Fonseca Ribeiro , from the Criminal Enforcement Court of Uberlândia (MG), stated that, due to a registration error , made a “mistake” when ordering the release, last Tuesday 17, of mechanic Antônio Cláudio Alves Ferreira, sentenced to 17 years in prison by the Supreme Federal Court for participating in the invasion of the Planalto Palace.

After learning of the decision, Justice Alexandre de Moraes, the rapporteur of the case, ordered the mechanic to return to prison and ordered an investigation into the judge. Moraes said that the judge did not have the legal authority to order his release.

Lourenço Migliorini told the Federal Police that the electronic system registered Antônio Cláudio's case as if it had originated from the court itself. According to him, therefore, it was not identified that the case originated from the STF.

“The judge classified this mistake as regrettable and stated that the registration error led him to believe that he was acting in a process within his jurisdiction, otherwise he would never have decided,” says an excerpt from the statement.

The judge also said that he did not want to offend the STF. “The judge emphasizes that he never intended to offend or usurp the jurisdiction of anyone, whether a court of justice or a higher court. He reiterated, finally, that he respects all institutions and that he would never have ruled if he had known that the jurisdiction was not his,” the document says.

Revocation

When revoking the freedom granted to the mechanic, Moraes said that the judge did not have the legal authority to grant the benefit. According to the minister, only the STF can decide procedural issues related to those convicted of acts of coup. In addition, the minister said that the mechanic still does not have the right to progression of the regime.

Last year, Antônio was sentenced by the Court to 17 years in prison for the crimes of violent abolition of the Democratic State of Law, coup d'état, qualified damage, damage to listed property and armed criminal association.

Clock

Produced by the Frenchman Balthazar Martinot, the clock damaged by the convict was given as a gift to Emperor Dom João VI by the French court in 1808 and was part of the collection of the Presidency of the Republic.

Earlier this year, the Planalto Palace announced that the clock had been recovered. The repair process was carried out with the help of a Swiss watchmaker.