The general inspector of the MPF (Federal), Elton Ghersel, ordered not to issue opinions that, “directly or indirectly, constitute support or opposition to political candidates, parties or projects”.
MPF members must avoid likes, shares and emojis that have “partisan political content” in their interactions on social media.
They must avoid political events with the character of an electoral campaign and refrain from creating or disseminating fake news and deepfakes against the electoral process. The use of artificial intelligence tools is prohibited.
A prosecutor regretted that he could no longer give the thumbs down on news about the mistakes made by the Attorney General of the Republic, .
As an example, he cites Gonet’s presence at the tasting of The Macallan whiskey, in London, an event sponsored by , owner of the prisoner under suspicion of fraud.
Divine intervention
Elton Ghersel’s position was already occupied by Bolsonarista Eitel Santiago (2005-2006), under Antônio Fernando de Souza.
Santiago was appointed general secretary of the PGR at the beginning of the omission’s administration.
Forgetting that the State is secular, Santiago told CNN that Bolsonaro became President through divine intervention.
“Those who, out of subordinate interests, take advantage of the pandemic crisis to try to destroy the president need to understand that it was God who was responsible for Bolsonaro’s presence in power.”
Like Aras, Santiago criticized the triple list of the ANPR (National Association of Public Prosecutors). He never received enough votes to join the list that Aras bypassed.
He faced restrictions from colleagues because of party political ties and the simultaneous practice of private law — an option allowed to those who joined the MPF before 1988.
Affiliated to the then PFL (Liberal Front Party), which later changed its name to DEM (Democrats), Santiago was a candidate for federal deputy for Paraíba in 1994. He obtained 19,875 votes, remaining as a substitute.
In the 2018 elections, he was a candidate for federal deputy for the PP in Paraíba, using the image of Bolsonaro. He defended the 1964 military coup. He obtained 9,546 votes, but was not elected.
Santiago interrupted his career at the MPF in 2007 to take over the Public Security Secretariat of Paraíba under the administration of Cássio Cunha Lima (PSDB).
He returned to the Prosecutor’s Office when the Tucano governor’s mandate was revoked by the Superior Electoral Court.
He was retired in 2017, under the management of PGR Raquel Dodge (the TCU identified a failure in retirement).
In 2015, then vice-president of the CSMP (Superior Council of the Public Ministry), Santiago did not respond to the Sheet and did not respond to questions sent by the newspaper to comment on the resistance to his name.
Judiciary does not regulate the use of social networks
The Judiciary made controversial decisions when trying to inhibit political expressions by its members on social media.
In 2022, the then national inspector Luis Felipe Salomão ordered the suspension of the profiles of TRF-1 judge Maria do Carmo Cardoso on Instagram and Twitter.
Known as Tia Carminha, considered legal advisor to the Bolsonaro family and godmother of senator Flávio Bolsonaro (RJ), in a message reproduced in the press, she praised the coup demonstrations that surrounded military installations.
The Constitution prohibits judges from “dedicating themselves to party political activity”, Salomão maintained.
Maria do Carmo Cardoso is credited with appointing the judge to Celso de Mello’s seat on the Federal Supreme Court. Kassio also had support from the minister.
In 2014, the then General Inspector of Federal Justice, Minister Humberto Martins, included Kassio Nunes Marques and Maria do Carmo Cardoso among the assistants in corrections and inspections at TRFs.
Tia Carminha is part of a group of magistrates that circles around senator Renan Calheiros (MDB-AL) and Humberto Martins, also from Alagoas, considered a godson of Calheiros.
Flag: typical and atypical conduct
On October 17, 2023, in a session chaired by the minister, the CNJ, by majority, dismissed the request and ordered it to be archived.
Luis Felipe Salomão (rapporteur), Vieira de Mello, Mauro Pereira Martins, Salise Sanchotene, Jane Granzoto and Barroso were defeated, who ordered the initiation of a Disciplinary Administrative Process to the detriment of the judge.
Councilor Luiz Fernando Bandeira de Mello’s vote prevailed.
Here are excerpts from his vote:
“Although we support the judicious reasoning of the national magistrate, especially regarding the non-absolute nature of freedom of expression, as well as the need to reaffirm the principle of the judge’s impartiality, we understand that the present case implies a different conclusion from that presented by the rapporteur.
In our understanding, the conduct practiced by judge Maria do Carmo Cardoso, although reprehensible and formally typical, is atypical from a material aspect, being unable to raise sufficient substrate for its processing through a PAD, notably when the balancing judgment between the act performed and the useful result of the process is carried out.
Furthermore, the very initiation of the disciplinary complaint against the magistrate, with the determination that the companies Twitter Inc. and Meta Inc. retain the magistrate’s personal profiles on social networks, is sufficient to repress the act and, at the same time, deliver, from the outset, the expected pedagogical nature.”
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