Former President of the Republic Jair Bolsonaro (PL) participated, by telephone, the acts promoted by supporters on Sunday, 3, in Rio and Sao Paulo, where Minister Alexandre de Moraes of the Supreme Court (STF) was one of the main targets of criticism.
The target of restrictions imposed by the Supreme Court, he cannot leave home on weekends, but has no prohibition about speaking at public events. However, it cannot use their own social networks or third parties.
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Order of Minister Alexandre de Moraes explained the limits of the precautionary measure. According to the document, “the use of subterfuges will not be allowed to maintain the practice of criminal activities, with the instrumentalization of interviews or public speeches such as ‘prefilled material’ for further posts on social networks of previously coordinated third parties.”
A video of Bolsonaro speaking to protesters gathered in Copacabana was published in the official profile of Senator Flávio Bolsonaro (STF). In the Supreme Court, the first evaluation of Moraes interlocutors is that publication may represent a violation of the precautionary measure.
Bolsonaro’s call audio by Flávio was connected to the speakers system in Copacabana. “Good afternoon, Copacabana. Good afternoon, my Brazil. A hug to all, it is for our freedom. We are together,” the former president told protesters who went to the waterfront.
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The moment of greeting was recorded in video and published in the official profile of Flávio Bolsonaro. The former president appears with his cell phone in his hand and the electronic anklet that is obliged to use.
“Bolsonaro’s words in Copacabana. The caption is with you,” wrote the son senator.
In Sao Paulo, it was not possible to hear Bolsonaro. During a demonstration in Paulista, Deputy Nikolas Ferreira (PL-MG) showed on his cell phone a videochamada with Bolsonaro. “You can’t talk, but you can see,” he told the public.
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The act brought together 37,600 supporters in São Paulo, according to the estimated monitor of the Public Debate of the Digital Media, University of São Paulo (USP), who surveyed from aerial photos at various times of the act. The margin of error is 12%, which makes the number vary between 33.1 thousand and 42.1 thousand participants.
Failure to comply with the STF decision
Criminal lawyer Matheus Falivene, a doctor of criminal law at USP, evaluates that the publication may configure non-compliance with the STF’s decision and should reopen a harsher precautionary debate or even arrest of the former president. “If it were a random third, it would be harder to demonstrate that he was aware of the publication. As he was a child, it becomes more complicated. The Attorney General’s Office can make a new request for arrest. The fact opens this debate. The precautionary is debatable, but the breach of it generates the risk of harder precautions or prison,” he said.
Lawyer and Professor of Criminal Law at UERJ, Davi Tangerino is critical of the precautionary measures imposed on Bolsonaro by the Supreme Court. However, it evaluates that the publication represents a breach of measurement. “It was a precautionary that I think it should not have been given. It’s problematic, with obscure contours and a look of prior censorship. Since it was given and valid, it was very clear that I could not use social networks of him or third parties. It seems to me that the caution break is evident,” he said.
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The expert also stressed that non -compliance is even configured that in the Bolsonaro video only appeared to greet supporters. “That there was break seems very clear. He uses Flavio’s social network to make a demonstration. It is a greeting, but it is precisely the use of the network, albeit from third. It seems quite clear that it broke. I would not have given the precautionary.
