The opening of the inquiry against the licensed federal deputy (-SP) occurs after the state’s secretary of state, Marco Rubio, on the possibility of punishing the minister of () and in a scenario in which he did not take any measure in relation to the conduct of the congressman.
At the request of (Attorney General’s Office), Moraes opened on Monday (26) against the former president’s son (PL) for alleged crimes of coercion, investigation and violent abolition of the Democratic Rule of Law.
Specialists heard by Sheet It is said that the performance of the congressman abroad has generated new facts that justify the opening of investigations-the speech of Marco Rubio, secretary of state of the US, stating that by the government of.
At the same time as there is also criticism of the criminal approach, the exception is also made that the Legislature is not acting on the subject.
The performance of the deputy abroad was even the subject of a request for cancellation for breach of decorum presented to the House Ethics Committee in February.
Following this Monday’s PGR request, the party leader at the House, (RJ), said he will submit a new request to the Chamber Council, this time for the crimes of obstruction of justice and against national sovereignty.
Lindbergh and Deputy Rogério Correia (PT-MG) submitted in March a request to open an inquiry against Eduardo, with a request for passport retention. , welcoming PGR manifestation, which also opined for the negative.
For Maíra Salomi, lawyer and vice-president of the IASP Criminal Law Commission (Institute of Lawyers of São Paulo), there is a relationship between the progress of criminal actions against those involved in the coup plot and the change of tone of Eduardo’s lines.
“We didn’t, at least not so clearly, an expectation of threats or clear requests to US authorities of any eventual sanction for Brazilian authorities,” she says. “When he [Eduardo] He graduates, goes a step above and begins to say yes, will seek sanctioning measures against, above all, Minister Alexandre de Moraes. “
Professor of Criminal Law at UERJ (Rio de Janeiro State University), Davi Tangerino criticized what he considers a Brazilian addiction to seek solutions along the path of criminalization. For him, the debate would be more productive within the legislature, discussing parliamentary duties and prerogatives.
“Before wondering if this is coercion or obstruction of justice, with all these interpretative gymnastics that are always dangerous in criminal matters, parliament should be wondering if it makes sense, if it is as the parliamentary decorum a congressman is in another nation articulating with her an attack on a judge of the Supreme Court.”
According to the teacher, in the face of the inertia of Congress, the new facts justify the opening of an inquiry.
Luisa Ferreira, FGV Law Professor SP, says that although the deputy can lean on American legislation to request punishments, to announce in a ostensible way that seeks sanctions against a Brazilian investigation authority exceeds the limits of the right of defense.
“When he advertises this, he shows an interest, not necessarily seeing Minister Alexandre [sendo] processed [por eventuais crimes]But before that, people are afraid to follow and continue to process former President Jair Bolsonaro, afraid of eventual retaliation, “she says.
Ferreira points out that there are few criteria for starting an investigation in Brazil and that therefore it would be possible to start an investigation from what is known so far, which, she says, “does not mean that it can be condemned only on this.”
Carolina Ferreira, lawyer and professor at IDP and UniCeub (University Center of Brasilia), says that a police investigation is a preliminary investigation and does not give the investigated the status of accused or defendant.
For her, this removes the possible argument that Eduardo’s actions in the US would actually be means of procedural defense and reactions to possible political persecution.
“The petition [da PGR] indicates that it needs to be heard to offer clarifications regarding these facts. So he can defend himself by indicating what he is actually doing. What are the agendas he has employed, to what extent this moves away from any kind of criminal organization. I think this is the main point now, “he says.
Maíra also states that a possible framing of the conduct committed by Eduardo in the three hypotheses of crimes raised by Gonet will depend on the evidence that will be produced and that a change in criminal types appeared in the request for opening of the inquiry would not be uncommon.
“In a request for police inquiry there is the possibility to be able to be able to be made possible, but this is not closed, it is not delimited. So, it may be that, according to the evidence that will be produced, these crimes may change. Some may fall, new may arise. It depends a lot on what proves,” he says.
