The Minister of the Federal Supreme Court (STF) Alexandre de Moraes granted provisional release to Divanio Natal Gonçalves, a defendant investigated for participation in the undemocratic acts of January 8, 2023. The decision was taken after the defendant’s defense demonstrated that he had been arrested due to a judicial error related to compliance with precautionary measures.
Divanio had been preventively arrested in April 2025. The arrest was originally ordered in September 2024, on charges of non-compliance with precautionary measures, after the Criminal Executions Court of Uberlândia (MG) reported that the defendant did not present himself to the district and was not located at his residence for summons.
Subsequently, Gonçalves’ defense proved that he was complying with the measures determined by the STF, but under the supervision of another court in the same district, the Criminal Precatório Court, and not in the Criminal Executions Court, where the non-compliance had been registered. The defense also pointed out that the responsible employee refused to issue proof of weekly attendance.
The Attorney General’s Office (PGR) issued a favorable opinion to the defense, confirming that Gonçalves had been regularly complying with the precautionary measures. The certificate presented by the Criminal Precatório Court attested that monitoring was being carried out properly in that court, and not in the Criminal Execution Court.
Based on these elements, Moraes granted provisional release to the defendant, reestablishing the previous restrictions. These include the use of electronic ankle bracelets, home confinement at night and on weekends, weekly appearances in court, suspension of passports, prohibition on carrying weapons, restriction on the use of social networks and prohibition of contact with other people under investigation on January 8th.
The minister also ordered the Criminal Precatório Court to send a report within 48 hours on the inspection of precautionary measures. Moraes warned that failure to comply with the new rules could result in the revocation of provisional freedom and new arrest of Divanio Natal Gonçalves, who remains accused of criminal association and incitement to crime.
