Brazilian Democracy Under Siege

Following the path of the United States, massive efforts from mainstream media, leftist / globalist organized crime and the judiciary system put Brazilian democracy under siege.

March 23rd will be remembered as the day Brazilian democracy was stabbed by its own Supreme Court, in a decision made by 5 justices, who rendered former Judge Sérgio Moro suspicious on his cause against the widespread corruption in Brazil, an operation called Lava-Jato (Carwash), that put former President and criminal Lula behind bars in 2018.

The deliberation, suspended a week ago, was reinstalled last Tuesday (23) with Justice Kassio Nunes Marques voting favorable to former Judge Sérgio Moro. With his vote, Nunes Marques sealed a 3-2 deliberation.

Not for long.

President of the second panel of the Brazilian Federal Supreme Court (STF) Gilmar Mendes then started a vicious attack, not only on his own colleague, but across the board, coming to call the curruption-killing operation a “exception court” and asking “who would buy an used car from Sergio Moro?”

Chief Justice Gilmar Mendes in a choleric attack

I was watching this scene in dismay, as the Chief Justice went on, hitting table, shouting profusely. One of the most sad scenes in the history of our judiciary system.

But the worse was yet to come.

Right after Justice Gilmar’s choleric speech, a visibly pale and stuttering Chief Justice Carmen Lúcia asked to review her own vote, already cast weeks ago.

After a long attempt to justify the impossible, she reviewed her own position and flipped her vote, deliverying a 3-2 against Judge Sergio Moro and rendering null and void one of Lula’s criminal conviction, a new process to be installed, date undefined.

Judicial Activism and Instability

The current Court’s composition of 11 Chief Justices is by far the most politically active in our history. From arbitrary decisions, to ever-turning jurisprudence on corruption-related cases, the court has now turned its cannon towards the other two branches, putting Brazilian balance of power, i.e., democracy, under an unprecedented siege.

In March, 2020, STF declared the co-responsibility of the Federal, State and Municipal levels on the policies for the covid-19 response. However, Justice Alexandre de Moraes decided that the Federal level could not overule State and City decisions, which in effect, rendered the Federal level powerless.

Since then, the 27 states and a total of more than 5,000 cities ran to make uncoordinated efforts, which turned out to put Brazil second in the world in number of covid-19 cases and deaths.

From the Federal side, all was asked was the gool’ol greenback. Brazilian Treasury has spent nearly R$ 1 trillion ( US$ 200 billion) in tax cuts, social relief, health equipements and supplies.

Interestingly enough, President Bolsonaro is now being “held accountable”, by the same mainstream media political adversaries, for the deaths he not only wasn’t responsible for, but that could have been partially avoided if his idea of early treatment was put on the table an year ago.

On another instance, same Chief Justice Alexandre de Moraes is running a process, deemed unconstitutional by numerous jurists, in which the court is simultaneously victim, investigator, prosecutor and judge.

Through this process, Latin America’s largest conservative alternative media Terça Livre‘s studio was raid by the Federal Police, political activist Sarah Winter thrown in jail for popping fireworks near the Court and, more recently, award-winning journalist Oswaldo Eustaquio was arrested and left prision paraplegic, after a poorly informed accident in his cell.

No indictment was formally presented, the Federal Police has informed they haven’t found basis for prosecution of any of them, but the process remain open.

Justices Alexandre de Morais and Gilmar Mendes have numerous impeachment requests sitting in the Senate, pending decision from the president of the house to be put on trial, which he has informed, “is not the senate priority”, in an interview to Pingos nos is on Youtube.

Nearly a month a go, federal lawmaker Daniel Silveria was arrested under Alexandre de Moraes’ orders, for a youtube video in which he presented quite vicious attacks against the court.

Most interestingly, the 53rd Article of Brazilian Constitution states clearly that no elected lawmaker can be prosecuted for ANY of his words, opinion and votes, except if caught in the act.

The Justice then argued that the fact that the video was still public, it was an ongoing crime, hence, he was caught “in the act”.

Brazilian renown Jurist Ives Gandra Martins, called it a non-existent “perpetual in the act” legal concept.

While the ever growing powers of the judiciary branch can’t be controlled by an otherwise corrupt Senate, legislative and executive branches weaken, democracy itself needs an ICU bed, and an incredulous population can’t do much, but watch it all unfold.

Photo by Gustavo Leighton on Unsplash

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Sobre o Autor

César Cremonesi é engenheiro, empreendedor, consultor de negócios e aluno de Olavo de Carvalho. Fundador da Porphirio, cujo propósito é o de levar conscientização política para a sociedade, com pensamento de direita, que trata os conceitos a partir de sua relação com a estrutura da realidade. Conservador, apoiador de Bolsonaro e dos Valores Permanentes do brasileiro.