Intimidation disloyal

Criminal lawyer Antonio Carlos de Almeida Castro, KakayCarlos Humberto/SCO/STF

Recently, I wrote that the Bolsonaro He has the right to be prosecuted, even to exercise his legitimate right to defense in all its fullness, and it seemed like a provocation. With the burlesque attempt to demoralize the Supreme Court, specifically Justice Alexandre de Moraes, the subject is once again relevant. This pressure on the minister is clearly a defense strategy. By trying to discredit the Judiciary, those who are in the crosshairs of criminal investigations seek to dig nullities, because they know that, on the merits, they will not be able to achieve a positive result. It is part of the democratic game to exercise a broad defense. Of course, in the concrete case, the unethical posture has the full defensive exercise.

I understand that one of the causes that sustains this frontal attack on Minister Alexandre is the PGR’s delay in presenting the accusation. The Supreme Court has already decided, several times, that every investigation has to have a reasonable time. Either the Public Prosecutor’s Office offers the complaint – a formal document that, if received by the Judiciary, initiates the criminal action – or the investigation must be archived. The citizen has the right to a reasonable period of time to be exposed to state scrutiny. If the State, with all its power and apparatus, does not obtain sufficient elements to initiate criminal prosecution, it is necessary to determine the end of the investigation.

Bolsonarism’s fascist method of being has caused serious obstacles in Brazilian social coexistence. The country has been thrown into a swampy terrain of hatred, political violence and social disintegration. The methods used were deliberately to divide society. The bet on chaos is a characteristic of the ultra-right. They make a game to attract people as if it were for a sect. There is no debate or exchange of ideas.

What prevails is something like what we saw in the January 8. Thousands of bolsominions entering the headquarters of the Three Powers mad, breaking everything and asking for a military intervention. It was a pity. But it was worried. The prompt reaction was proportional. More than 1,000 arrests and, 20 months later, 300 people have already been tried and sentenced to very high sentences by the Federal Supreme Court. Now, the entire society awaits the criminal accountability of the financiers, the military in high boots, the politicians and Bolsonaro. Without this, Brazil will continue to be given over to instability and frequent attacks on democracy.

The necessary reflection is: without prosecuting the real responsible for the coup attempt, there will be a huge disappointment and democratic stability will continue to be attacked. It is not possible for the Judiciary to hold would-be terrorists accountable and not make the necessary confrontation of those who plotted, sustained and coordinated the coup.

While this does not happen, the desperate way out of those who know that they are the real responsible will be to discredit the Judiciary and try to demoralize Minister Alexandre to dig nullities in the processes. The Judiciary is an inert power, it only acts if provoked. Therefore, it is urgent that democratic society closely follows the work of the Public Prosecutor’s Office. The Attorney General of the Republic is the holder of the criminal action and only he can propose a formal accusation. And, only after the complaint, the Supreme Court can act. It is up to us to monitor and charge. Democracy is grateful.

Remembering the old Fernando Pessoa:

“There is a time when it is necessary to abandon the used clothes that already have the shape of our body and forget the old paths that always lead us to the same places. It is time to cross, and if we do not dare to do so, we will have been forever on the margins of ourselves.”

Antônio Carlos de Almeida Castro, Kakay

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