Well, say what? The scammer was unsuccessful in two other endeavors. It seems that only the hope of armed struggle remains on the 7th of September, doesn’t it? — at contrary to the legalistic speech made on Wednesday by the Army commander, Paulo Sérgio Nogueira de Oliveira.
Two of the ogre’s onslaughts of democracy against the rule of law have just encountered the wall of law. The president of the Senate, Rodrigo Pacheco (DEM-MG), ordered the denunciation filed by Jair Bolsonaro against Alexandre de Moraes to be filed, aiming at the impeachment of the minister. Edson Fachin, also from the STF, in turn, ordered the filing of ADPF filed by the Federal Attorney General against Article 43 of the Internal Regulation of the Supreme Court, which allowed the opening, by letter, of Inquiry 4,781. Let’s understand.
DECISION OF THE PRESIDENT OF THE SENATE
Pacheco had already made it clear that he saw no reason for Moraes’ impeachment, in an explicit message that the president would be unsuccessful in his attempt. Bolsonaro, it is likely, was sure of the refusal, but he needed to feed his crowd, fueling what the scoundrel imagines to be the seizure of power on the 7th. Pacheco, therefore, did well to respond quickly.
What did the president of the Senate claim in a short message? It refuses the request presented by the president for these reasons:
a: lack of just cause — that is: Bolsonaro has not provided legal reasons to support his claim;
b: in view of “Opinion No. 659/2021-NASSET/ADVOSF”, whose content, he affirmed, fully accepted.
And what does the Senate opinion say, contrary to Bolsonaro’s claim?
1 – lack of just cause: there is no minimum evidential basis not even to make a preliminary judgment of admissibility;
2 – what the president presents as a crime is actually the prerogative of Minister Moraes.
Well, the two reasons for rejecting the application overlap and overlap. The Senate’s opinion observes that Bolsonaro does not present any action by Moraes that is outside his duty to monitor processes and judge.
The restriction on the minister’s performance concerns his status as rapporteur of Inquiry 4,781, opened ex officio on March 14, 2019 by the then President of the Court, Dias Toffoli.
It so happens that this decision is anchored in Article 43 of the Senate’s Internal Regulations. And, recalls the opinion, its constitutionality was endorsed in the Court by 10 votes to one. Thus, there is no reason for the president to ask for the minister’s impeachment other than the nonconformity with his decision — which, obviously, is not the cause of… impeachment!!!
There is more: the court itself has already addressed this issue when it judged ADPF 572, which rightly argued the unconstitutionality of Inquiry 4,781, in which Bolsonaro was investigated at the request of the Superior Electoral Court. The thesis of unconstitutionality lost 10 to 1. It recalls the opinion of the legal area of the Senate, entirely endorsed by Pacheco, who is a lawyer:
“The decision of the Federal Supreme Court rendered in the records of ADPF 572 has erga omnes and binding effect, so that it is not legally possible to conclude that the acts practiced by Minister Alexandre de Moraes in conducting the aforementioned inquiry constitute an infringement of the law, in special crime of responsibility.
Furthermore, it is a prior inquisitorial procedure, supervised by the highest body of the Judiciary and with the participation of the Attorney General’s Office, holder of the criminal action, and the Federal Police, each in the performance of its constitutional and legal powers and attributions .”
Bolsonaro also complains of having been included in the investigation 4,781, at the request of the TSE, and of having become an investigated, in another procedure, due to the disclosure of the contents of the PF’s investigation, which was proceeding in secrecy. The Senate responds:
As for the GAB-SPR Letter n. 2868/2021 (Report of Possible Criminal Conduct) forwarded by the President of the Superior Electoral Court to Minister Alexandre de Moraes, rapporteur of Inquiry n. 4781 of the STF, there is a communication of fact apparently related to the facts already investigated according to the understanding of the judicial authorities involved. This is a procedural issue and, therefore, clearly jurisdictional in nature, which must be questioned by the available procedural channels.
The same applies to the Official Letter sent by the Superior Electoral Court to the Federal Supreme Court on August 9, 2021, in which it communicates an alleged crime committed by the President of the Republic referred to in art. 153, §§ 1 and 2, of the Penal Code. The connection of the investigated facts and the distribution for prevention are procedural and regulatory issues that must be discussed in the appropriate jurisdictional way, with the appropriate means and resources.“
Or on the other hand: the Senate tells Bolsonaro that, unhappy with the inclusion in Inquiry 4,781, he is entitled to the normal procedural resources. Let him appeal instead of asking for the minister’s impeachment. As for the other investigation, the one for breach of confidentiality, the one that ended up in the hands of Moraes for prevention — a rule of law. In any case, the minister acts, as the ogre likes to say, “within the four lines.”
The cause is over. Refused is. Bolsonaro had expressed his intention to also present Roberto Barroso’s impeachment request. It is speculated that he might give up. Let’s see: I think it depends on the amount of feed you need to supply the cattle.
And, I repeat, the president of the Senate did well in deciding quickly. Does it feed or discourage coup acts? I do not know. Since when does coup need reasons? He just needs excuses.
Bolsonaro’s second defeat of the day has the same nature, except that the issue is not personalized in the figure of a minister. I’ve already written extensively about it on the 20th. To read the article, click here.
The AGU, at the request of Bolsonaro, filed an ADPF (Allegation of Non-Compliance with a Fundamental Precept) pointing out the alleged unconstitutionality of Article 43, which allows the president of the STF to open an official inquiry. If he were successful in his attempt, Bolsonaro would leave his status as an investigated. But it was not.
The Supreme Court, as I remember above, already made a decision last year and pointed out, by 10 to 1, the legality of the procedure. Only Minister Marco Aurélio dissented. Of the 10 who said “yes”, 9 are still at the House — Celso de Mello, like Marco Aurélio, retired.
Fachin did not even examine the arguments closely because they were inappropriate. Remembered:
“Thus, I accept the argument raised in ADPF 704 that “ADPF is not suitable for re-discussing the reception of a pre-constitutional norm whose compatibility with the 1988 Charter has already been affirmed by the Federal Supreme Court, notably when used with the clear intention of deconstructing the judgment rendered before its filing (art. 12 of Law 9,882/1999 and art. 26 of Law 9,868/1999) and when there is no change in the state of fact or ius novum, pertinent and relevant, able to give rise to the revision of the precedent.”
Or another: the AGU did not even present a new fact that would justify bringing the Supreme Court against a decision recently taken by the court itself. The minister also highlighted that, if there is disagreement with the decision, there can certainly be no contestation through a new ADPF. Does AGU know about this? Of course yes. But, like demons, one of Bolsonaro’s specialties is to mislead people. Click here to read Fachin’s decision in full,
3, 2, 1 for the coup plotter to go around screaming that there is a conspiracy that now unites the Senate with the STF, besides, of course!, Luiz Inácio Lula da Silva, globalism, George Soros, international communism and the terrabolistas …
“Oh, this will only get more people on the street in favor of the coup!”
Ok. Then there is an even bigger demonstration in favor of impeachment and against the coup.
What cannot be done is to defraud the law to please the pig spirit of a coup president.