The minister, dean of the (Supreme Federal Court), criticized his colleague’s vote during the trial of the coup plot and said that if he was in the first class, in charge of the case, he would condemn (PL) and the other defendants “unequivocally”.
“I think with all the venues, as you often say, Minister Fux’s vote is pregnant [cheio] of inconsistencies. Because, in my view, if there was no blow, there should be no condemnation. Condemn [tenente-coronel Mauro] ICD and the [general Walter] Braga Netto and leave everyone out seems like a contradiction in their own terms. “
Gilmar spoke about the case with journalists after the inauguration of a headquarters of IDP (Brazilian Institute of Teaching, Development and Research) in São Paulo, an entity of which he is a partner.
The minister said, however, that disagreements in judgments are normal and that Fux’s vote should not serve to strengthen an amnesty project, which he already classifies as unconstitutional. He also said that Brazil, with the trial, gave an example to the world of how to punish attacks on democracy.
“It had a divergence, but it is absolutely normal in this context. The votes showed the consistency of the judgment and I think Brazil, in a very delicate moment of international life, world lives and also our local life, gave a beautiful example to the world that attempts to blow, attacks against democracy need to be punished.”
Fux manifested for more than 12 hours last Wednesday (10). His vote diverged from the other colleagues and opted for the conviction only of Cid and Braga Netto, with the acquittal of the other accused.
Gilmar and the president of the court, Luis Roberto Barroso, attended the next day, which was interpreted as an attempt to pass the message that the Supreme was united in the case.
“I think we are united and we need to keep together in the face of these challenges that are placed. In these 40 years of democracy, we have not been so serious of attack on institutions as we live during the Bolsonaro government, in these final days of the Bolsonaro government and the beginning of the Lula administration. So a strong institution like the Supreme must show its union and fortress,” he said.
Asked by journalists, the minister again criticized the statements made by the governor of São Paulo, Tarcísio de Freitas (), who, in the Bolsonarist demonstration of 7 September, on Paulista Avenue, criticized the “tyranny” of Minister Alexandre de Moraes.
“Everyone knows that there is no tyranny or dictatorship in Brazil. Certainly there was a dictatorship proposal that we drove dismantle. This is to be annotated. No one assumes a tyrannical position in the Supreme Court. The lawyers themselves who were in the podium, lawyers of important figures, such as President Bolsonaro or Braga Netto, acknowledged that there was a coup situation,” said Gilmar.
“Therefore, no one is denying that there was an attempt to coup. They requested attenuation of penalties, but recognized the seriousness of the situation and defended the Federal Supreme Court of attacks perpetrated by their own defendants,” added the minister.
Gilmar has classified the possibility of sanctions on court ministers and the use of magnitsky law against Brazilian authorities as a “technological neocolonialism.”
“Strictly speaking, we are living, even with this application of magnitsky law and other similar situations, perhaps a resurgence of another kind of colonialism: a technological or digital neocolonialism. And the country needs to worry about it. We need to worry about it, to be more independent,” he said.
The minister, however, said that “it makes no sense” measures such as sanctions.
“It would be absurd for the Brazilian government to put on its agenda of claims of a negotiation the release there from ‘Epstein Files’ [arquivos do caso Jeffrey Epstein, que envolve uma rede de pedofilia relacionada a milionários e autoridades dos EUA e constrange o presidente ]us . This has nothing to do with commercial policy. Similarly, it is absurd to ask Brazil to release someone who is responding to a regular process to make any commercial negotiation, “he said.
“I think Brazilian democracy comes out stronger from this result. Sanctions do not affect the institutional life of the country and we will continue to apply Brazilian laws,” said Gilmar.
The minister dodged when asked about the possibility that the amnesty will be based. He declined to say that he trusts that the presidents of the House, (Republicans-PB), and ((União Brasil-AP), when asked.
“We have a very fruitful dialogue, very respectful and very effective with President Hugo Motta, with President David and we have all the confidence in them,” he said.
“We have confidence in respect for institutionality,” he said.
Hours after the event, Gilmar Mendes appeared to the act of the Rights Nonão Group, in defense of democracy and national sovereignty, along with various center and left parties, academics and artists.
Asked if there was any discomfort in the court after Fux’s vote, he said not a comment.
“I will not issue judgment about it,” said Gilmar.
He added that his presence in the first class plenary on the last day of voting served to show “that the court is united in defending democracy.”
He also added not to believe that the National Congress vote for amnesty to Bolsonaro.
