impartiality put in doubt, use of awarded and awarded denunciation under questions.
Despite the differences between one case and the other, these are some of the parallels that make it part of the criticism of the inquiries that flowed into the action of the coup plot and are led by Minister Alexandre de Moraes, (Supreme Federal Court).
Experts argue that a portion of the court’s heterodox action needs to be analyzed from the position of the STF as the main () amid the inaction of other control institutions throughout his government as the (Attorney General’s Office).
Still, there are measures that are seen as errors and excesses by the court.
Thus, although on the one hand, the performance of an attempt to coup indicate a cut to some extent strengthened, on the other hand, some of the methods used during the investigations put the question on the horizon regarding the risk of eventual convictions involving the coup plot will fall later.
“Yes, there is a relevant parallel between Lava Jato and the processes of the coup now. Both have unveiled very serious crimes, gathered evidence, recordings, speeches, illicit, severely illicit meetings. But both processes suffer from addictions. And serious addictions,” says Miguel Gualano de Godoy, Professor of Constitutional Law at UFPR (Federal University of Paraná).
For him, although the supreme helped protect democracy, there are a number of problems in the way he did it.
He sees as problematic, for example, the concentration of reports in Alexandre de Moraes and the decision not to consider him prevented to report the case of the coup plot after the investigations point him as a victim of a murder plan.
Also for Rubens Glezer, professor at FGV Law SP, it is possible to establish an approximation between the performance of the Court in the different surveys led by Moraes and Lava Jato.
“It is undeniable that you will have procedural addictions in, in the inquiry of digital militias, driving [desses casos]in the lack of transparency that the court has, “he says.
Glezer sees it as a mistake that the court does not give in minimally to defenders, such as taking it, as well as the Supreme Court should take steps to mitigate accusations of bias.
In the case of the issue of impediment, however, Glezer considers that there is a risk in validating the understanding that threats to court and ministers can be based to push them away from processes. “This case is very sensitive because the president attacked the court and attacked the court as a whole,” he says.
Since becoming and the undemocratic acts of 2020 (by lot), Moraes has accumulated a number of other reports, but for “prevention” when it is understood that there is some kind of relationship between the processes.
Experts, however, have pointed out that the practice has been used in a manner. In addition, many of these branches were not opened at the request of the prosecutor.
Among the exploited aspects is the minister’s proactive performance during the investigations.
She also claims that there was probative fishing, lack of PGR follow -up in part of the investigation, and. So far, however, these questions have been all denied by the court.
Arrested in May 2023 under investigations on vaccine card falsification, he continued to be detained until September of that year, and was a sucess of facts that at the time raised comparisons with the former judge.
as a coup plan, conversations with other military personnel about the measures under study at the end of 2022, besides their testimonials are some of the evidence that integrates the complaint.
Part of the information that provided the investigation into vaccines, in turn, originated in a breach of confidentiality ordered by Moraes amid another investigation against Bolsonaro began in 2021.
At the same time as it questions a series of procedural acts of Moraes that culminated in Cid’s arrest, Bolsonaro’s defense also disputes the validity of his denunciation. They argue that there would be no voluntarity on the part of Lieutenant Colonel and that he would have failed the agreement. It also questions the participation of Moraes in the harvest of tests.
Godoy (UFPR) estimates that today there is no scenario of annulment in the court, because the Supreme has refuted such objections, although, according to him, with very fragile arguments. “But nothing guarantees that with the change of the composition of the Supreme, these processes cannot be annulled up front.”
According to Glezer, the political conjuncture will import more than legal in this regard. He points out that if, from a certain angle, the court is stronger than ever when judging the former president and military, in parallel another process may be happening: the corrosion of his authority.
“If we never thought that an order from the Supreme Court could be disobeyed, the fact is that there is a certain apprehension, you have to check it out. How can he stretch the rope now?”
For him there is a paradox insofar as, while the Court acts to curb attacks on institutions, it also gives even more ammunition to the investers against the court itself and for its action to be delegitimized.
Fabiana Luci, professor at UFSCar (Federal University of São Carlos) who analyzed the way the Supreme’s performance was reported by the press during the Bolsonaro government until January 8, considers that the balance for the image of the court would have been negative, with potential impact on its legitimacy.
According to her, while decisions involving pandemic management would have been accompanied by a more positive view of the court’s performance, in cases linked to undemocratic acts and the relationship between powers, the approach would have been more critical, in the sense that the court would be concentrating excessive powers.
Over the past few years they have been attributed to Moraes without a draw among other court ministers.
In such cases, the rapporteur was defined by “prevention”, which in legal jargon occurs, for example, when a judge has already preceded others in the practice of any act related to the process or by probative connection.
Digital militias inquiry (Inq. )
Investigation in whose umbrella were included since the investigation of the vaccine card, the Saudi jewelry and the coup plot, it was requested that the inquiry was filed for the non-democratic acts of April 2020. The minister filed the investigation as requested by the agency, but opened the new investigation. And he used the archive case, of which he had become a rapporteur by draw, to justify the rapporteur of the new.
Leakage of confidential data from PF (Inq. )
Based on the fake news inquiry, of which he became a rapporteur by determination of the then president of the Supreme Court, Dias Toffoli, Moraes became rapporteur for preventing the open inquiry in 2021 after request of the TSE (Superior Electoral Court). The new investigation aimed at the former president for alleged leakage of confidential data from a hacker attack against the TSE in 2018. From data obtained in Mauro Cid’s confidentiality breaks in this process, elements that unfolded in other investigations such as Vaccino were obtained in other investigations.
Vaccine cards (Petition )
The investigation involving the suspicion of vaccination cards had the rapporteur distributed to Moraes using the digital militias inquiry as a foundation
Coup plot under Bolsonaro management (Petition )
The rapporteur of the coup plot petition, in which Bolsonaro was denounced, had the prevention justified by the investigation into alleged forgery of vaccine cards – it was in this investigation that Mauro Cid was arrested
