US judge concludes record behind Martins' arrest is false

A US federal judge has concluded that the American immigration record used to justify the preventive arrest of Filipe Martins in 2024 was fraudulent. The case gained new traction after the official transcript of a hearing held in US court was obtained.

The US court decision

Judge Gregory A. Presnell, of the US District Court for the Middle District of Florida, stated during a hearing that a false entry was made in the Border Patrol systems, considerably affecting an individual. The judge highlighted that the government recognizes the falsity and severity of the episode, and that Martins was arrested as a result of this incorrect information.

At the time, the judge criticized the stance of US agencies and ordered the delivery to the court of documents that would allow identifying how the entry occurred and who was involved in the case. The lawsuit was filed under the US Freedom of Information Act to investigate the origin of the data indicating the former advisor's entry into the country.

Preventive detention in Brazil

In February 2024, Justice Alexandre de Moraes of the Supreme Federal Court ordered the preventive arrest of Martins on the premise that he had traveled to the United States on October 30, 2022, and not returned to Brazil, which would demonstrate an intent to flee justice. The former advisor remained in preventive detention for nearly six months.

The defense presented evidence that Martins was in Brazil during the mentioned period, including confirmation of a domestic flight taken the day after the alleged trip. In October of the same year, US Customs and Border Protection publicly admitted that the former advisor did not enter the country on the date indicated by the immigration system.

Case developments and investigations

While the US court seeks to clarify the circumstances surrounding the creation of the false record and demand answers from the United States government, the proceedings in Brazil continued through other judicial stages. Martins was convicted by the First Chamber of the STF on charges related to an attempted coup d'état and is serving his sentence in a prison facility, having faced new preventive detention orders over the following months due to non-compliance with precautionary measures.

With information from Gazeta do Povo, Folha de S.Paulo, Jovem Pan.