Fux sends PF crime news to the Electoral Court against Bolsonaro
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With the end of Bolsonaro’s privileged forum, Minister Fux judged that it is up to the TRE-DF to decide on a campaign crime investigation
The Minister of the Federal Supreme Court (STF), Luiz Fux, sent to the Federal Justice a criminal notice presented by the Federal Police to investigate alleged irregular use of images of teenagers by the campaign of Jair Bolsonaro (PL) in the presidential election of 2022.
Bolsonaro, as President of the Republic, was entitled to a privileged forum. Thus, it was up to the Supreme Court to assess the possibility of launching a police inquiry to investigate the narrated facts, consistent with the alleged misuse of images of children and adolescents in political campaigns and in situations that would incite the use of weapons.
Fux considered that, once Bolsonaro’s presidential term ended and with the end of the forum, the constitutional hypothesis of original competence of the STF for the case, which is not yet in the trial phase, is removed.
“I promote the decline of this Court’s jurisdiction and determine the referral of these records to the Electoral Justice of the Federal District, as it is the judicial authority in theory competent for the continuation of the feat”, justified the minister.
Justice secret
The process runs in secrecy of Justice and, therefore, it is not possible to clarify which case the complaint refers to. As the columnist Guilherme Amado, from the metropolisesBolsonaro was even accused of using children, without parental permission, in videos of the reelection campaign.
At the time, the parents even filed a police report with the Civil Police of the Federal District against the children’s school, which took the minors to a meeting with the then president.
First instance
Last Friday (10/2), Minister Cármen Lúcia, president of the STF, had already sent to the Federal Court of the Federal District ten requests for investigation against former president Bolsonaro for inciting anti-democratic acts.
The requests were made by parliamentarians and entities in 2021, after the Independence Day holiday celebrations, on September 7. On the occasion, Bolsonaro made inflammatory speeches, with attacks on Supreme Court ministers.
“A minister who should watch over our freedom, democracy, the Constitution, but does exactly the opposite. Either this minister fits in or he asks to leave”, said the then chief executive, referring to STF minister Alexandre de Moraes. “We will no longer admit people, like Alexandre de Moraes, who disrespect our Constitution.”
In the sixth decision, the magistrate also considered that, with the loss of mandate, the former president no longer had the right to the privileged forum. With that, the competence to judge the actions passed to the court of first instance.
“With the term of office of President of the Republic having expired and there being no news of any other position attracting the competence of this Supreme Court, the original criminal competence of this Supreme Court for the processing of this and any fact related to criminal practices imputed to it has ceased”, highlighted Carmen Lucia.
* With information from the Metrópoles website
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