Amnesty projects, wide or narrow, circulating in Congress are not legal initiatives, that is, praiseable, as they offer shelter to coup. However, contrary to what the jurist sages proclaim and would be legal, ie constitutional acts.
It asserts, with the air of superiority, that only experts should comment on the meaning of laws. Pure ignorance: Laws are not sacred books or Hermetics manuscript from mystical sects. These are texts written by elected legislators, that is, common people of various offices. You and I are able to understand the meaning of legal codes.
The law does not admit illegalities justified by the allegation of misunderstanding of the law. Implication: All literate people have the means to understand the laws. In the case of amnesty, the Constitution is clear as the light of the desert, dispensing with the systematic interpretation of experts.
Article 5, item XLIII, lists the “unsusceptible crimes of grace or amnesty”, among which is nothing like coup. The following item, XLIV, deals specifically with the “action of armed groups against the constitutional order and the democratic state”, qualifying it only as “unenforceable crime.” There is no omission on amnesty the coup, as the legislator chose to situate scammer actions in the item that does not prohibit forgiveness.
Moraes and Dino can tell another: that of the parrot. Alternatively, they may decide that it writes a constitution every day, according to its sovereign will. “The Constitution is me,” said one Louis 14 from Toga. However, following such a way, the judges would invade the competence of Congress, sabotaging the political education of the whole of society.
The constitutional way sends the judges to leave the scene, placing the congressmen aligned with the coup before the Court of Public Opinion. It indicates a majority of 54% to 39% contrary to the amnesty for Bolsonaro and his criminal troupe. Despite the speeches of the extremists, Brazilians prefer democracy. Why avoid the interchange of the majority of the population with a centron willing to grant forgiveness to the scammers in exchange for the passage of Bolsonaro’s stick to Tarcisio?
Democracy is not the government of judges, but the government of the people, filtered by institutions and laws. Most of the parliamentary cannot revoke the Democratic Rule of Law, which figures as a stone constitutional clause – but obviously approving the amnesty does not revoke it. And Article 48 of the Constitution clarifies that the “amnesty concession” is part of the “National Congress attributions”.
In his vote, scholar Dino claimed that “the amnesty never rendered in favor of those who exercise power.” Incultura? Amnesia? The 1979 Amnesty Law was mainly led to protecting those who exercised power, forgiven the heinous crime of torture and —Surpress!-It was welcomed by the Supreme Court. So, even convicted, brilliant Ustra, Bolsonaro’s hero, never served a sentence.
The amnesty that is discussed today would be even more shameful, because instituted in democracy. Congressmen without spine have the right to try. Resistance competes to others who express the will of most citizens and have a duty to mobilize them.
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