Defense Minister sues Superior Electoral Court and faces new shame – Ricardo Kertzman

General Paulo S
General Paulo Srgio Nogueira the first from the left, in the photo with Bolsonaro (photo: Marcos Corra/PR)

The Minister of Defense, General Paulo Srgio Nogueira, the one who asked for the most urgent urgency in accessing the source code of electronic voting machines, open and available for consultations since October 2021, passing ‘an expensive car’ in front of the whole country, received another slap institutional of Minister Edson Fachin, current president of the TSE (Superior Electoral Court), who denied access to the archives of the 2014 and 2018 elections.
The reason for the denial is simple, objective and, above all, constitutional: the Ministry of Defense, or rather the Armed Forces, is one of the entities that supervise current elections, and not review past elections. Furthermore, there is no legal provision for ‘external control’ of the Court. Finally, the period established by law for consultations of this type expired on January 13, 2015 and January 17, 2019, respectively.

The request for the files was signed by Army Colonel Marcelo Nogueira de Souza, head of the Armed Forces team that will participate in the supervision of the elections, but the letter was sent by the Defense Ministry, which received a negative response from Fachin. To make the embarrassment worse, part of the arguments were answered by providing ‘internet links’, from the open data portal of the Court itself, that is, they are already public and notable.

Another reason for embarrassment was the exclusion of Army Colonel Ricardo Sant’ana from the aforementioned group of military personnel who will oversee the election process next October, as he is a habitual disseminator and/or sharer of ‘fake news’. The decision was taken by the TSE, which recalled that it was this Court itself that was responsible for inviting the Armed Forces to form the inspection group.

After 25 years of silence regarding the electronic voting machines and the electoral process itself, a few military personnel, unfortunately, in resonance with the coup attacks by President Jair Bolsonaro, the executioner of the Planalto, without any slightest signs of fraud or formal errors in the electronic system that collects, stores and counts the votes, launched an undue and unconstitutional offensive against a superior court.

For those who have not paid the necessary attention to the last two words, I will repeat them: superior court. Who are the Armed Forces, or half a dozen of their officers, constitutionally speaking, of course, to claim to be inspectors, reviewers, controllers or any other conditions of a higher court, in this case, the Electoral Court? Who, or what, bestowed on them such a prerogative or function? The Federal Constitution that was not.

Therefore, they will cry in the lap of the myth, Queiroz’s friend, because, as the jargon says, ‘no bird’. At least as long as there is an independent organized civil society and a free press, in addition to the sovereignty of the Rule of Law, advocated by the Charter, whose content the Armed Forces undertake and swear to defend, which is why they have the authorization of the people, through their representatives, for the use of force and weapons.

About Abhishek Pratap

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