Attié suggests impeachment of Tarcísio for honoring Erasmo Dias – 7/1/2023 – Frederico Vasconcelos

Attié suggests impeachment of Tarcísio for honoring Erasmo Dias – 7/1/2023 – Frederico Vasconcelos

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The president of the Paulista Academy of Law (APD), judge Alfredo Attié, suggests an impeachment action against governor Tarcísio de Freitas for attacking the constitutional legal order by honoring Colonel Erasmo Dias, former state deputy and secretary of Public Security of São Paulo.

In 2022, Attié charged the lack of dispatch in the Disability Action proposed in the Federal Supreme Court against then-president Jair Bolsonaro. According to the president of the APD, the action called for the “removal of a usurper from one of the most important public functions of our regime”.

Here is the full statement:

“To honor a military representative of the dictatorship and responsible for the criminal invasion of PUC-SP, in addition to the violent repression of student demonstrations, is not just a despicable act. It is contrary to the Constitution, therefore Anti Democratic State of Law.

It doesn’t just offend the people of São Paulo and Brazilians, but all of humanity.

What can we expect from a regime like this, which turns its back on the Constitution? The day of torture? Dictatorship week? The kidnapping journey?

It is not just a case against the act and its creators, but a proposition of impeachment, for attacking the constitutional legal order”.

In May 2021, Attié and a group of academics, lawyers and professors filed a civil action, at the Supreme Court, with a request for a declaration of incapacity by then President Bolsonaro, and his consequent removal.

The authors of the action, in addition to the president of the APD, are professors Renato Janine Ribeiro from USP, Roberto Romano from Unicamp, Pedro Dallari from USP, José Geraldo de Sousa Jr from UNB, and lawyers Alberto Toron and Fábio Gaspar.

They were represented by lawyers Mauro de Azevedo Menezes and Roberta de Bragança Freitas Attié.

In October 2022, Attié criticized the Minister of Defense of the Lula government, José Múcio Monteiro, for stating that Bolsonarist camps in front of military barracks were “a manifestation of democracy”.

On the occasion, he questioned the behavior of the Judiciary in the face of the anti-constitutional regime imposed by Bolsonaro.

Here are excerpts from his speech:

“If the words were translated into concrete actions by an institution whose function is to judge conflicts and monitor respect for the Constitution, and of which the Public Ministry is part, as an essential function, the response is discouraging.

Of course, the STF prevented the way Bolsonaro led the country during the pandemic from causing greater disasters. Even so, disasters occurred on a massive scale, with the loss of life to many and the loss of life prospects to many more.

Other damages were caused: invasion of indigenous lands, destruction of biomes, abandonment of obligatory public policies, spread of prejudice and worsening of economic and social exploitation, amid stagnation of development, arming of militias, challenge of military structures against Power and civil society, and unprecedented political crisis. All this against the laws and the Constitution.

No action by the PGR against all this legal devastation. The PGR was conducted and reappointed, without any action being taken. Omission of the Judiciary, MP, before unlawful acts that had to be investigated, and criminal actions, proposed, taking care that CPI discoveries led to the punishment of those responsible.

Bolsonarism ended up taking root in the legal structures of Brazil: in addition to two ministers appointed to the Federal Supreme Court, others to federal courts, the creation of a court [TRF-6, em Minas].

The biggest injury, however, was cultural, carrying traditional Brazilian conservatism to the extreme right, in an election result that embedded, in the structures of the federal and state Legislative and State Executives of a relevant electoral college, representatives who were fanatical supporters of these actions and omissions against the Democratic Rule of Law.”


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