The president of the Senate, Rodrigo Pacheco (DEM-MG), this Wednesday (25) rejected the impeachment request made by President Jair Bolsonaro against Minister Alexandre de Moraes, of the Federal Supreme Court (STF). Pacheco followed the opinion of the General Counsel of the Senate (read the full text here), which understood that the facts denounced by the head of the Executive were not adequate to Law 1,079/1950, which regulates impeachment. “I determined the rejection of the complaint for lack of just cause and typicality,” said the president of the Senate in a speech after the plenary session.
According to Pacheco, Law 1079 is clear in listing the cases in which a STF minister can be removed from his post and, according to the opinion of the legal counsel, none of the facts stated in the petition of the President of the Republic meet the prerequisites of the law . “The opinion is very well founded. In order for a process of this nature to proceed, it is necessary to adapt the fact to what the federal law provides,” he said.
The impeachment request was filed by Jair Bolsonaro in the Senate last Friday (20), after the Supreme Minister, who reports the fake news inquiry, ordered the arrest of former PTB deputy and president Roberto Jefferson, an ally of the President of the Republic, accused of promoting attacks on democracy and the STF. The arrest was ordered by Moraes as part of the investigation of the digital militias.
On the same day, two other government allies were targeted in operations authorized by Alexandre de Moraes with the approval of the Attorney General’s Office (PGR). The Federal Police carried out search and seizure warrants against singer Sérgio Reis and deputy Otoni de Paula (PSC-RJ), also on suspicion of promoting undemocratic acts.
In the impeachment document formulated by the Attorney General of the Union (AGU), Bolsonaro argued that the Judiciary has been acting as a “political actor”, “exceeding constitutional limits with acts”, and questioned the conduct of the fake news inquiry, opened without the endorsement of the PGR and which is reported by Moraes. “One cannot tolerate exceptional measures and decisions by a minister of the Federal Supreme Court (STF) who, under the pretext of protecting the law, has been crumbling with the pillars of the Democratic State of Law”, said in the document.
“I appeal to Your Excellency [o presidente do Senado, Rodrigo Pacheco] to prioritize its attention to attacks on freedom of expression and public liberties of citizens across the country, who have been suffering attacks on the fundamental constitutional rights of free expression of thought”, argued the President of the Republic in the impeachment document addressed to Moraes, Bolsonaro asked that the minister be removed from office and prevented from exercising public functions for eight years.
Pacheco gave signs that he would file impeachment
Also on Friday (20), Pacheco said he did not see technical and legal grounds for opening the impeachment process against Alexandre de Moraes. Even so, he stated that he would submit the piece sent by Planalto to the Senate’s legal department.
“I honestly do not foresee technical, legal and political grounds for the impeachment of a Supreme Court minister, as I do not foresee in relation to the President of the Republic. Impeachment is something serious, something exceptional, exceptional, and that cannot be trivialized. But I will comply with it. my duty to, at the right time, make the decisions that fall to the president of the Senate,” said Pacheco, who was participating in an event at the São Paulo Trade Association.
In recent days, the president of the Senate had been under pressure from some senators to flatly reject Bolsonaro’s request. Pacheco had the option of leaving the document unanswered, in order to ease the tension between the powers, but was persuaded to publicize the decision to file.
In an official note, the Federal Supreme Court repudiated Bolsonaro’s action for the impeachment of Moraes and stated that it had full confidence in the ministers’ decisions. “The democratic rule of law does not tolerate a magistrate being accused for his decisions,” the Court said in an excerpt of the statement. Even so, the STF stated that “it would await the deliberation of the Federal Senate in a republican way”.