It is not Josef K., as much as Trump and the Brazilian ultra-right try to show him as the character of Kafka crushed by a judicial state as perverse as unscruable. Bolsonaro’s process and his conspirator gang deserves the capital “p” for another reason: the adjective “historical”, now demoralized by excessive use, applies legitimately to it. The Brazil that sentences the scammers is saying that not everything is the subject of negotiation.
The US has fled to the duty to condemn Trump for its attempted coup d’état. The fruit of this is not the return of the coup to the White House, something that derives from the policies essentially from the identity obsession of the Democratic Party, but the general erosion of the institutions that support American democracy. Brazil follows a different way, submitting the former president and a malt of high military officers to the Empire of the Law. In this step, the tradition of conciliation on top is broken that, throughout the Republic, has rewarded so many enemies of the democratic order.
Our process is an imperfect work. In a more careful court with legal decorum, judges would not pronounce resounding political discourse that anticipate their votes. A less activist court would adjust its internal regiment to historical circumstances, judging the defendants in the full of eleven ministers. A court more attentive to the future would embarrass the rapporteur to declare himself prevented, as no one should simultaneously occupy the places of magistrate and potential victim.
None of the process slips authorizes the use of the adjective “Kafkian”. The defendants benefited from a broad right to defense. It is multiple, undeniable, evidence that preparatory acts were triggered for a coup designed to nullify the outcome of the elections and abolish the rule of law. Unfortunately, however, each of these slips will offer pretexts for judicial and political operations designed to nullify sentences.
The coup chief has learned nothing, as his conspiracy shows with a foreign power to interrupt the process. The new crime, which causes economic damage to all Brazilian society, tends to produce an involuntary positive consequence. Prior to Trump’s imperial interference, he was considering saving Bolsonaro from closed prison, condemning him to a mansion overlooking the lake. After the tariff sanction and the application of the magnitsky law, it seems that it collapsed the essay to subordinate the law to the conveniences of “good men.”
Brazil never had the courage to judge those responsible for human rights violations, but now chooses to reject the way of the spurious hits between elites. The most relevant result of the process will be to teach the Armed Forces that policy is exclusive territory of citizens without weapons.
Right governors and centrão rehearse an exchange with Bolsonaro. The former president would support the candidacy of Tarcísio de Freitas, in exchange for future presidential pardon. The indecent pact, which exposes the fragility of the right commitment to democracy, diverts the conclusion of the process for the political sphere. In practice, court sentences will only be confirmed after the 2026 presidential elections – and only in the event of defeat of the São Paulo governor.
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