President Jair Bolsonaro created an unprecedented political event in the history of Brazil when he decided to ignore the decision of Minister Alexandre de Moraes, of the Federal Supreme Court, which forced him to testify to the Federal Police this Friday 28 about the leak of an investigation. The action of the ex-captain would even be liable to coercive conduct. The assessment is Lenio Streckjurist, post-doctorate in Law and professor of Constitutional Law.
“Any citizen who does not appear, duly summoned, to a police act can be coerced. The Supreme Court did not prohibit coercive driving, it only said that you cannot do coercive driving directly – that is, you first have to subpoena, as was the case with Bolsonaro,” explained Streck in an interview with Capital Letter.
For the jurist, “were any citizen he would be coercively taken” to give evidence. According to him, however, there are two currents in Law capable of explaining the next steps. “The ‘ultraliberal’, which says that if the subject has the right to silence, he does not need to attend; and another, more ‘orthodox’, as in my case, which says that no one can avoid appearing, duly summoned, in court or in the police, even if they can remain silent there.”
According to Streck, if he avenges the “ultraliberal” thesis, Bolsonaro could win a habeas corpus of the STF – although the Court “should deny it, because the president does not have that right”.
Above all, the jurist points out that Bolsonaro deliberately wants to “stretch the institutional rope”. “Because, if he scored it himself and everything was in order, he could never disrespect the date. This is disrespecting institutions. Bolsonaro is making a risk on the ground, and that is bad for democracy.”
understand the case
Alexandre de Moraes denied the appeal presented by the Attorney General’s Office and maintained the deadline for Jair Bolsonaro (PL) to testify to the Federal Police about the leak of a confidential investigation by the corporation.
The decision responds to an appeal submitted by the AGU to the STF this Friday 28, against the order that Bolsonaro testify to the PF this afternoon.
In a decision on Thursday 27, the STF minister had ordered Bolsonaro to testify at the PF Superintendence in the Federal District to clarify the leak of an inquiry that investigated an invasion. hacker in the electoral system in 2018.
Bolsonaro disclosed the inquiry in an interview with Young pan, last year, to raise suspicions that electronic voting machines would not be reliable, but did not present evidence that the result of the election was altered. The Superior Electoral Court also denied any instances of fraud.
The AGU declared on Thursday 27 that the leak of the deadline for the testimony “reflects on embarrassment” for Bolsonaro, “since it creates expectation and interest in the press, which has already approached him with questions for more details about the aforementioned hearing. and related aspects of the survey”.
The STF minister, however, considered that there was an “opportunity to previously adjust the place, day and time”, but that the investigated “did not file any appeal within the appropriate procedural period”.
Moraes argues that, according to the Federal Constitution, the “right of prior and generic refusal to comply with legal determinations” to the investigated or defendant is not enshrined, and that the change of position by the AGU “does not have the power to restore the procedural deadline for appeal.
The Federal Police has already stated that Bolsonaro had “direct, voluntary and conscious action” in the practice of the crime of violation of functional secrecy, which is the disclosure of confidential documents to which he had access due to his position, together with Bolsonaro’s deputy Filipe Barros (PSL-PR).
The partial report was sent in November by the PF to Moraes. In the document, which was confidential until Thursday 27, the corporation asked for authorization to take the ex-captain’s testimony.