Lula’s AGU rejects apologizing for Bolsonaro’s 7/9 – 05/26/2023 – Politics
The AGU (Advocacy General of the Union) under the Lula government has manifested itself against the request of the Federal Public Ministry for the Union to hold a public ceremony of apology for the political use in favor of former president Jair Bolsonaro (PL) of the official festivity of the Independence Day last year in Rio de Janeiro.
In a demonstration to the Federal Court this past Tuesday (23), the AGU stated that the Union is a legal entity, which is why it cannot repent. He also claimed that there was no evidence of intent or negligence on the part of the federal government regarding any damages.
The petition was presented after the MPF appealed the decision of Judge Mauro Lopes, of the 2nd Federal Court, to reject the public civil action proposed due to the political use of the festivities in the Bolsonaro administration.
The AGU asked that the appeal be denied and not even sent to the second instance.
“In addition to the evident lack of evidence, it is essential that we deal with the impossibility of seeking repentance on the part of legal entities. The majority doctrine understands that it is impossible for the legal entity to be intimidated or repent”, said the Union.
“In this way, to seek reparation claims from the Union would be to pretend that the Judiciary would impose on a depersonalized entity the obligation to adopt conduct that should be imputed to the effective offenders, who allegedly practiced, through the Union, unlawful acts.”
In February, the Attorney General’s Office proposed a public civil action in which it asked that the Union, if convicted, be obliged to carry out a “public apology ceremony” as a means of repairing the damage caused.
The MPF’s request foresaw the participation of President Lula and the commanders of the Army, Navy and Air Force.
The AGU’s argument is similar to the grounds adopted by Lopes, judge of the 2nd Federal Court. The magistrate understood that the request does not suit the Union, but only those responsible for distorting the act.
The magistrate also argued that a new act would generate new public spending, in addition to being a risk of “ending up awakening political rivalries, with an unpredictable outcome”.
The Bicentennial of Independence was celebrated in the first weeks of last year’s election campaign. Bolsonaro, at the time a candidate for re-election, called for the events in an attempt to turn the celebrations into a thermometer of popular support for his government.
At the request of the then president, the Armed Forces changed the location of the event from Rio de Janeiro to Copacabana, the neighborhood where Bolsonaro supporters traditionally gather. The September 7 ceremonies in Rio de Janeiro were celebrated on Presidente Vargas Avenue, in front of the Duque de Caxias Palace, headquarters of the Eastern Military Command, in the center.
An eight-hour event program was prepared, with a cannon fire salute, parachute jumps, military bands and a display of the Smoke Squadron.
Pastor Silas Malafaia organized a sound car that was a few meters from the stage of the official celebrations. The goal was for Bolsonaro to be able to speak in a space with no ties to the military.
Bolsonaro left the official stage, where Nogueira was, when planes from the Esquadrilha da Fumaça were still making exhibitions scheduled for official acts. The political speeches in the sound car began when the Fumaça Squadron aircraft were still flying through the skies of Copacabana.
In Malafaia’s sound car, Bolsonaro attacked his then opponent Lula and repeated threats to the STF (Federal Supreme Court).