The Federal Supreme Court reacted this Wednesday (8) in an emphatic manner to the statements made by President Jair Bolsonaro during the demonstrations on Tuesday (7). At the beginning of the session, the President of the Court, Minister Luiz Fux, made a statement. He began by emphasizing that the demonstrations took place in a peaceful manner, recognizing the work of the Armed and Security Forces in ensuring order during the acts. Fux said that the divergence is fundamental and that democracy cannot survive without debate about the performance of institutions. But he stated that the propagation of hate speech against the Supreme Court and the encouragement of non-compliance with court decisions cannot be tolerated.
“We, magistrates, ministers and ministers of the Supreme Court, know that no nation builds its identity without dissent. The coexistence of different views about the same world is a prerequisite for democracy, which does not survive without debates about the performance of its governments and its institutions. In this context, in its entire trajectory in these 130 years of republican life, the Federal Supreme Court has never refused – and will never refuse – to institutional improvement in favor of our beloved country. However, institutional criticism is not confused – nor is it adequate – with narratives of discrediting the Supreme Court and its members, such as has been seriously disseminated by the Head of the Nation. Offending the honor of ministers, inciting the population to propagate hate speech against the institution of the Supreme Court and encouraging non-compliance with judicial decisions are undemocratic and illicit practices, intolerable, in respect of the constitutional oath that we all took when we took a seat in this Cut. Unfortunately, it has become increasingly common for some movements to invoke democracy as a pretext for promoting anti-democratic ideals. Let us beware of these false prophets of patriotism, who are unaware that true democracies do not allow the people to be set against the people, or the people against their institutions. We all know that those who promote the discourse of ‘us against them’ do not propagate democracy but the politics of chaos. In truth, democracy is the discourse of ‘one for all and all for one’, respecting our differences and complexities. Brazilian people, do not fall into the temptation of easy and messianic narratives, which create false enemies of the nation. More than ever, our time requires respect for the powers that be”, he said.
Luiz Fux did not name Bolsonaro. On Tuesday, the president said that he would no longer respect the decisions of minister Alexandre de Moraes.
Fux stated that it is necessary to seek minimum consensus to pacify the country, but that the Supreme Court will not tolerate threats to its decisions and stated that the non-compliance with a judicial decision by the head of Power constitutes a crime of responsibility.
“The true patriot does not close his eyes to the real and urgent problems facing Brazil. On the contrary, he tries to confront them, like a tireless artisan, weaving minimal consensus between groups that naturally think differently. Only in this way is it possible to pacify and invigorate an entire nation. Imbued with this democratic spirit and institutional strength, this Supreme Court will never accept threats to its independence or intimidation in the regular exercise of its functions. The Supreme Court judges – and all the more than 20,000 magistrates in the country – are committed to their independence, guaranteed in this sacred document that is our Constitution, which enshrines the aspirations of the Brazilian people and lives up to the struggles for rights undertaken by the generations before us. The Supreme Court will also not tolerate threats to the authority of its decisions. If contempt for judicial decisions occurs at the initiative of the Head of any of the Powers, this attitude, in addition to representing an attack on democracy, constitutes a crime of responsibility, to be analyzed by the National Congress”, he said.
Luiz Fux said that no one will close the STF.
“In a mature political environment, questioning judicial decisions must be carried out not through disobedience, not through disorder, not through the chaos caused, but certainly through the resources that the procedural channels offer. No one will close this Court. We will keep it standing, with sweat, perseverance and courage. In the exercise of its role, the Federal Supreme Court will not tire of preaching fidelity to the Constitution and, in doing so, this Court will reaffirm, throughout its perennial existence, its necessary commitment to the democratic regime, to human rights and to respect for the powers and institutions of this country”, he affirmed.
The president of the Supreme Court called on the leaders to dedicate themselves to the real problems that affect the Brazilian people.
“On behalf of the ministers and ministers of this House, I call on the leaders of our country to address the real problems that plague our people: the pandemic, which is not over yet and has already taken to the grave more than 580,000 Brazilian lives, and brought pain to those family members who have lost loved ones; we must be concerned about unemployment, which drives the citizen to the limit of biological survival; worrying about inflation, which erodes the income of the poorest; and the water crisis, which is approaching and which threatens our economic recovery. Hope for better days is our desire and the desire of all, but we remain firm in the demand for democratic narratives and behavior, equal to what the Brazilian people want and deserve. We don’t have more time to waste”, he said.