In the text in which he authorized, the minister of the (Supreme Federal Court) was the main character of his own decision, reproducing 44 quotes from himself.
The magistrate appears in the investigations alongside () and () as assassination targets for the coup plot that unfolded at the end of the () government — politicians mentioned in the same decision, respectively, 16, 12 and 28 times.
This Tuesday’s operation is yet another in which the STF minister appears outside the exclusive role of judge. This time as the central character of the case investigated, he is mentioned in the decision in the third person.
“The police representation highlights that, with the deepening of the investigation, from the carrying out of the Tempus Veritatis operation and the analysis of the data stored on the cell phones seized in
power of Rafael Oliveira [um dos investigados]’the investigation was successful in identifying new elements of evidence that showed the effective carrying out of acts aimed at planning, organizing and executing monitoring actions by Minister Alexandre de Moraes'”, the minister wrote in one of the references to himself, reproducing part of an excerpt from the detective play.
A Sheet He sought out Moraes through the STF’s advisory services, but there was no response.
showed, based on conversations with a former advisor of his at the TSE (Superior Electoral Court), that in the investigations into the fake news inquiry, Moraes acted outside the rite, adopting attitudes that in a normal process are the responsibility of the Federal Police (the body that investigates) and the Attorney General’s Office (the body that makes the accusations).
Among other cases, the conversations indicate that Moraes used the TSE’s body to combat disinformation and that after refusing to moderate content under the terms defended by the magistrate.
After the publication of the reports, they were exchanged between his assistants. In yet another action that features himself as a character.
The mention of an attack on institutions has served as an argument for the minister to accumulate investigations under his command since 2019, with the controversy and its consequences.
When it was opened, this investigation proposed to investigate the existence of fake news, slanderous reports and threats against members of the STF and their families. It ended up serving as motivation for several of the minister’s decisions.
Criticized since its inception, the inquiry is a kind of synthesis of the controversy surrounding the discussion about Moraes’ powers.
It was opened without request from the Public Ministry, based on a broad interpretation of the court’s internal regulations and gained legitimacy as threats to the court and to democracy itself grew in volume under the Bolsonaro government.
One of the main arguments in favor of continuing the investigation was that other institutions, such as the PGR under Augusto Aras, were being silent.
Appointed rapporteur of the fake news inquiry without a draw, Moraes became the target of Bolsonarists and adopted a series of investigations, with some decisions seen as too harsh and, at times, controversial.
After the Bolsonaro administration, the investigation continues to this day.
In the investigation of the draft decree to execute the coup plan, with the arrest of several authorities, including Moraes himself, Bolsonaro’s defense even asked for the minister’s removal under the argument that he would be a “direct victim” of the conduct investigated and who had an interest in the outcome of the process.
The president of the STF, Luís Roberto Barroso, denied the request, saying it was generic, subjective and without a legal basis. He stated that it should be demonstrated “in a clear, objective and specific way, the direct interest in the action on the part of the minister allegedly prevented”.
On previous occasions, Moraes abdicated some investigations. The main case that he gave up — but only part of it — is from May of this year, when he ordered the PF to arrest two suspects of .
At the time, marine Raul Fonseca de Oliveira and his brother Oliverino de Oliveira Júnior were arrested.
The minister then declared himself unable to remain in the case, but continued with the report related to the suspected crime of attempting to abolish the democratic rule of law through the use of violence or serious threats.
As a result, Moraes maintained the preventive detention of the two suspects at the time, pointing out that there is “strong evidence of authorship”.
In July last year,. Afterwards, the minister declared that he had two appeals in this investigation.
Experts have criticized Moraes’ handling of cases that affect him directly under the main argument that this affects the necessary impartiality of a judge. Defenders of the minister’s stance claim that his actions were necessary to contain excesses and coup impulses under Bolsonaro.
