In an unusual attitude in the legal world, but which became common in the current trial, the Minister, of the Supreme Court (STF) anticipated on Tuesday (2) part of the core of his vote, which should only be read next week.
Even before, it is a formal summary of the process instruction, Moraes made a political introduction, with pressure on the pressure of US President Donald Trump and the Bolsonaro family, already anticipating their judgment by saying that institutions were solid in resisting an attempt at coup.
The defense of former President Jair Bolsonaro (PL) disputes that there was an attempt of this order, arguing that alternatives were discussed “within the four lines of the Constitution.”
“A country and the Supreme Court have only to regret that a coup d’état was again, intending to be a state of exception and a true dictatorship,” Moraes said.
“Institutions have shown their strength and resilience in spite of political polarization, we must all move away from our strength and commitment to the attempt of any breakdown of institutionality.”
Moraes also manifested in the sense similar to the, again, to mention the risk he sees in an attempt to appease with the attempted coup -the term, a reference to the posture of UK leaders and France before the rise of Adolf Hitler, became a mantra of Moraes in this process.
ADVANCES OF JUDGES OF THE MINISTER responsible for the trial began during the period of the presidential transition.
A few days after Lula’s (PT) electoral victory in 2022, the minister had already said that he would treat those who did not accept the result as criminals.
“Voters, mostly massacred, are Democrats. They democratically accepted the outcome of the elections. Those who are not accepting, those who are criminally practicing undemocratic acts will be treated as criminals,”.
In the decision that also adopted on January 8, 2023, in the heat of the coup attacks at the headquarters of the three powers in Brasilia, the minister reiterated the promise of punishment to all scammers.
“Absolutely all will be held civil, politically and criminally for the acts attentive to democracy, the rule of law and the institutions, including the willful connivance, by action or omission, motivated by ideology, money, weakness, cowardice, ignorance, bad faith or maloncies.”
Already in July this year, Moraes.
This ran in the decision that by Bolsonaro. The discussion of a possible amnesty today represents the main political flag of pockets.
In determining the use of the accessory, Moraes said there was no doubt that Bolsonaro and his son Eduardo intended to force the passenger of the coup plot’s criminal action, “either through a non -existent possibility of summary filing, or by approving an unconstitutional amnesty.”
During investigations by the coup plot and its branches, the minister was criticized by lawyers from the defendants, who claimed to be inappropriate for him to conduct a trial in which he would appear as one of the main possible victims.
Moraes was one of the targets, for example, of the “Yellow Green Dagger” plan, which established his, Lula and Vice’s murder Geraldo Alckmin.
In a decision of the end of 2024 regarding this case, for example,.
Requests from Moraes’s suspicion declaration defenses have always been denied by the Supreme Court on the grounds that, in the case of crimes against democracy, the victim is the community and not an individual. In addition, ministers like Gilmar Mendes claim that almost all court members were the target of bolsonarism attacks and that defenses cannot use the suspicion resource to ward off magistrates who displease them.
In addition to the case of the coup plot, he showed, based on conversations by a former advisor to his in the TSE (Superior Electoral Court), that, in investigations of the fake news inquiry, Moraes acted outside the rite, adopting attitudes that, in a normal process, are attributions of the Federal Police (the investigative body) and the Attorney General (the body that makes the accusation).
