President Jair Bolsonaro (no party) said on Avenida Paulista on Tuesday afternoon (7th), during a demonstration in support of his government, that he will no longer comply with the decisions of Minister Alexandre de Moraes, of the Federal Supreme Court (STF) .
“To tell you that any decision made by Mr. Alexandre de Moraes, this president will no longer fulfill. Our people’s patience has already run out, he still has time to ask for his cap and go about his own business. He, for us, doesn’t exist anymore.”, said Bolsonaro.
O Brazil in fact he heard lawyer Tânia Maria de Oliveira, executive secretary of the Brazilian Association of Jurists for Democracy (ABJD), and criminalist Mauro Otávio Nacif, professor of Criminal Law and Criminal Procedure. The two have different opinions on the topic.
The ABJD member affirms that Bolsonaro committed common and responsible crimes by uttering the threat that he would not comply with decisions made by Moraes. Nacif points out that the infraction will be consummated when the disobedience is, in fact, carried out.
“In the field of liability crimes, the president, in his most violent speech and with a coup-like tone, directly attempted against the free exercise of constitutional powers. This is provided for in chapter 2 of Law 1079, which regulates the impeachment process and speech responsibility”, says Tânia Maria de Oliveira.
“In another provision of the same article 6 of Law 1079 it says that it is a crime against the free exercise of constitutional powers, to use violence or threat to constrain a judge or jury to make or not make decisions, sentence or vote, or to make or not do an act of his office”, continues the lawyer.
The two lawyers heard, however, agree that the case has the potential to lead to the removal of the President of the Republic.
“If the Chief Executive really does not comply, it is a crime. In this case, Arthur Lira has to open the impeachment process, under penalty of Arthur Lira himself being impeached, because there will be materiality,” says Nacif.
The criminalist also recalled the Watergate case, which led to the resignation of the former president of the United States, Richard Nixon, in mid-1974. The trigger for the scandal was the resistance of the former president to comply with a court order. At the time, the court demanded that Nixon deliver recordings made by them of conversations in the Oval Office, his office in the White House.
“Nixon had recorded several and various meetings in the Oval Office, where he spoke a lot of nonsense. He recorded everything, but all recordings were for himself, it was his thing. But the Federal Supreme Court there learned that he had the recordings. A senator filed a petition and the Court ordered him to turn over the recordings. He did not deliver them, but then he was forced to deliver them. This refusal led to the impeachment process and, later, his resignation,” said Nacif.
The lawyer also commented on the alleged illegalities that would have been committed by Minister Alexandre de Moraes in the inquiry that investigates the dissemination of false news that threaten democracy and public health.
“Alexandre de Moraes is doing everything according to the law. He’s not wrong, he’s right, he’s right. When they say that the Supreme Court will prosecute and judge, it’s not true. The Supreme Court can investigate, but it can only judge if the attorney general offer the complaint,” he said.
Lawyer sees that common crimes were committed
Tânia Maria de Oliveira also said that, in the field of so-called common crimes, by threatening the Federal Supreme Court, by exalting criminals and defending that the decisions issued by the Judiciary were not complied with, President Jair Bolsonaro incited disobedience to legal orders .
“This has a legal provision in the Penal Code in its article 330. It practices the crime of incitement to crime, which is to publicly incite the commission of a crime. who are arrested in flagrante for committing crimes are released by an authority of the Supreme Court under threat,” he declared.
“That’s what Jair Bolsonaro did yesterday: he threatened a Supreme Court justice trying to coerce him into releasing criminals. He did this in front of a crowd. crimes and disobedience to court orders,” concluded the lawyer.
Edition: Anelize Moreira