Can Alexandre de Moraes be investigated for confusion in Rome?

The confusion involving the Minister of the Federal Supreme Court (STF) Alexandre de Moraes and his son with a family of Brazilians in Rome can also, in theory, bring problems for the magistrate in the Justice itself. If the images of the exchange prove that, in fact, Moraes called one of the people he accused of offending him a “bandit”, he could also be accused of insult.

Within a period of up to six months, the victim herself could accuse him directly with the Federal Supreme Court (STF), leaving it to the other ministers to analyze the case and judge Moraes. “Who could prosecute the minister is the victim, in a private criminal action”, explains the retired delegate, author and professor of criminal law Silvio Maciel.

Private criminal action is one in which only the victim has legitimacy to file a lawsuit, as it generally affects only the victim. This is what happens in cases of crimes against honor, such as injury, slander and defamation. In this scenario, the Attorney General’s Office (PGR) could participate in the process not as a party, but as an inspector of the law, verifying whether all procedures were in accordance with procedural rules.

The crime of injuria consists of insulting someone “offending their dignity or decorum”. The punishment is imprisonment from one to six months or a fine. As the penalty is very low, an eventual conviction would not lead to an arrest. The Penal Code itself says that Justice could still fail to apply the penalty when the offended person, “in a reprehensible way, directly caused the injury” and also in the case of “immediate retort, which consists of another injury”, that is, when the insult was uttered in response to another offense of the type.

Based on the statements given so far by the lawyer for the couple Roberto Mantovani and Andreia Munarão, accused by Moraes of offending him at the Rome airport, the minister would have called the couple’s son-in-law, Alexandre Zanatta, a “bandit”. This would have happened when Moraes left a VIP lounge at the airport to pick up his son, who was arguing with Andreia.

“Minister Alexandre de Moraes leaves the interior of the VIP room, goes to his son, places his hands on his shoulders and leads him into that room. On that occasion when the minister leaves, he takes some photographs, at that very moment, he mentions that they would be held responsible in some way for that. The son-in-law takes his cell phone, takes a video of it, asks if he was threatening them. He says an offense to that person and returns to the room and, there, ends up in Italy”, reported to GloboNews the lawyer Ralph Tórtima.

Still according to him, Andréia argued with Moraes’ son because he “mistakenly assumed that the minister was cutting in line” to enter the VIP room. “She did not turn against the minister, but rather against the fact that she mistakenly assumed that he would have had some privilege […] That was what happened. Nothing directed at the minister, much less at his position, at the Judiciary, ”he said.

The lawyer added that Moraes’ son would have addressed Andreia “with heavy offenses, very disrespectful to a woman”. It would have been during this discussion that Roberto would have pushed Moraes’ son away with his arm, slapping him.

A People’s Gazette sought out the lawyer to find out if the Mantovani family would file a criminal notice against Moraes, but there was no response. If this is done, another justice will be randomly selected in the STF to report and lead the process. If a complaint is filed against Moraes’ son, the process will run in the first instance of Justice.

PF investigates whether there was contempt and persecution against Moraes

The case was brought to Brazil on the initiative of Moraes, who asked the Federal Police to investigate the case. The law allows this to be done when the offender or victim is Brazilian and arrives in Brazil, without an investigation and proceedings having been opened abroad, and when the crimes carry a sentence of more than two years.

In the case of injury, in principle, this would not be possible, because the maximum penalty would be one year in case of physical violence (“acts of fact”). But it would still be possible to apply a rule of a treaty between Brazil and Italy for extradition that would allow a crime with a sentence of one year to be prosecuted here.

Based on the minister’s accusations, the PF investigates whether there was contempt against him, which consists of confronting a public official because of his function, with a sentence of up to two years; and persecution, defined as the act of “persecuting someone, repeatedly and by any means, threatening their physical or psychological integrity, restricting their ability to travel or, in any way, invading or disturbing their sphere of freedom or privacy”, also with a penalty of up to two years of imprisonment.

Silvio Maciel understands that it is possible that the Mantovani family will be prosecuted for contempt, if it is proven that they called Moraes a “bandit”, “communist” and “bought”. “If they used the word ‘bought’, the offense would be closely related to his function as a judge”, says the professor, who, however, dismisses the possibility of the crime of persecution. “This new crime, also called ‘stalking’, presupposes repeated, habitual conduct carried out some time ago, which does not seem to be the case, of an isolated act.”

The conduct of the alleged aggressors of Moraes – Roberto, Andreia and Zanatta, or any other person involved – will be indicated by the PF based on the images of security cameras, private recordings, testimonies and the representation of the minister (documented report, with request for investigation) made to the PF itself.

A report will be sent to the Attorney General’s Office (PGR), which is already acting on the case before the STF. As a rule, it would not be up to the Court to prosecute this case, since the alleged aggressors do not hold privileged positions. The case only landed in the STF because PF delegate Hiroshi Sakaki, who works for Moraes in inquiries against other people accused of offending ministers, said that the confusion in Rome may be related to “anti-democratic acts”, which are already investigated in the STF by the minister himself.