The intellectual work of ends in about five lines:
“It should. The mistake was to torture and not to kill. I don’t rape because it doesn’t deserve it. I will legalize myths. The minority has to bow to the majority. Sheet! I am persecuted. Staying at home is for the weak. I am me. I won’t obey anymore. I love freedom. “
Bolsonaro’s oral thinking has enjoyed the most extravagant regime of freedom of expression that is known to a public man in the country. It has always been doubtful its constitutionality.
He violated the law, but the (Supreme Court) was accustomed to releasing it based on the following theory: “Despite the rudeness and vulgarity, it does not seem to have extrapolated boundaries.” This synthesis of legal leniency was.
Bolsonaro-President led unofficial public policy in its most insidious form: through intimidation and threat, when not police and judicial harassment, sought to promote self-censorship of many journalists, teachers, artists and opponents. It did not need to create censorship department. Let fear out outsource the work. He won the silence of those who had no structure to the risk.
Bolsonaro-defense of the accusation of the most serious crime of the Brazilian Penal Code has the same rights in the process? Bolsonaro-Defendant is not any defendant. Both for his social force and for behavior that triggers his network of misinformation, he creates special challenges to justice.
When it disobeys judicial orders and uses networks to obstruct and coerce, a higher restriction regime, albeit momentary, may be necessary. The legitimacy of the court is at stake to decide and become obeying.
Bolsonaro has the most expensive team of lawyers that money can pay. All tools of the right of defense inside and outside the process are available. His dignity has been treated in the opposite way to the way he has always proposed to treat minorities. A as the judiciary itself usually treats minorities.
The generic cry for freedom of expression, so it misses the aim. We are not in the Greek agora, in the public square or in a free market of ideas. John Stuart Mill should be updated in the 21st century. For there is no truth that it emerges spontaneously from the custom circulation of forged ideas to manipulate and radicalize. A space designed by secret algorithm does not promote “confrontation of ideas.” Generates money for the owner.
The dangerousness of the insurrectionist movement turbocharged by the machine cannot be underestimated. It is urgent to promote freedom of expression in equality conditions. As long as the ecosystem is understood in which public communication develops today.
None of this recommends automatic seal to each precautionary measure of the Supreme Court. But the confusing rhetorical duel between the abstract defense of freedom of expression, on the one hand, and that of democracy, on the other, will not help.
There are reasons for Bolsonaro’s pre -trial detention. Instead of jail, Moraes opted for a milder alternative. He imposed, however, slippery seals to social network posts, without precise connection with the crime of obstruction of justice.
The problem is not Bolsonaro’s freedom of expression. It is the lack of precision of the Supreme Court. STF needs to do more and better, no less.
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