Moraes says that those who criticize 8/1 prisons had “fascist catchphrases” against criminals

Federal Supreme Court (STF) minister Alexandre de Moraes gave an interview to Folha de S.Paulo, published this Tuesday (12). Moraes stated that those who criticize the arrests related to the acts of January 8th had fascist slogans against criminals. The minister also commented that his conduct is within constitutional parameters. Furthermore, he said that the STF may review the thesis that penalizes journalists for what is said by interviewees.

After commenting that people linked to the protesters had “fascist slogans in relation to those who committed crimes”, Moraes added that they never defended the adequate treatment that, in his opinion, the January 8th prisoners are now receiving in the Supreme Court. He states that they received “due process, the right to a lawyer, a trial by 11 ministers.”

“These people who today criticize the penitentiary system – and they are right to criticize, the penitentiary system needs to evolve – have never worried about the 700,000 Brazilian prisoners,” said Moraes. “While there were no people linked to these people, mainly a middle class from the interior of the various states, they had, I would say, fascist slogans in relation to those who committed crimes.”

“They never defended what they have now in the Supreme Court, due legal process, the right to a lawyer, to a trial by 11 ministers, I am not the one who judges alone”, said the minister. “All my decisions are taken to a referendum by the Federal Supreme Court. A conviction only exists if there is a majority in the STF. Those who were convicted were convicted by a large majority in the STF.”

Still in relation to the cases of the defendants involved in the acts of January 8, Moraes said that “the office has been working quickly, endorsed by the plenary of the Supreme Court. This is the greatest reason for satisfaction, showing that my conduct has been within constitutional parameters.”

A People’s Gazette has already reported several abuses committed in the cases of those arrested on January 8th. A dossier handed over to the UN lists 16 human rights violations of prisoners who participated in the acts. More recently, a report carried out by the Public Defender’s Office of the Federal District (DP-DF) brought a series of reports from prisoners on January 8th that point to mistreatment and abandonment by public authorities.

The death of Cleriston Pereira da Cunha, arrested in Papuda after the events of January 8, is perhaps the most recent example of the STF’s questionable actions. In the episode involving Cleriston, the STF, which is not considered the natural judge of the case (prisoners do not have privileged jurisdiction), did not analyze several requests for release presented by the defendant’s defense, based on the prisoner’s delicate health condition, and took longer 80 days to deliberate on the recommendation of the Federal Public Ministry in favor of the prisoner’s provisional release. There was also no individual evidence of any of the accusations made against the prisoner, more than ten months ago in Papuda.

“The penalties are high because the crimes were very serious, it was not a single crime, there were five crimes. When you add up the punishment for these five crimes, it is obviously high. The sentences could reach more than 40 years, almost 50 years if they were the maximum sentences,” Moraes told Folha. While elderly people, people with serious illnesses and parents of children were in jail for participating in the acts of January 8th, with no evidence of vandalism or attempted coup d’état, drug traffickers such as André do Rap and Leonardo Lima, one of the PCC leaders, were released by Brazilian justice.

Regarding criticisms of his person, Moraes said that “even if they are harsh criticisms, they are part of democracy, there is no problem. What is not part of democracy is aggression, it is insults, slander, threats.”

The minister also commented on the recent thesis prepared by the STF, which penalizes journalists for statements made by interviewees. “Perhaps what is necessary, so that there is no doubt in the application, is to complement the thesis by stating that when there is malice on the part of the journalistic environment in that news”, he stated. The thesis is made up of vague terms such as “concrete evidence” and “proven insulting”. Experts point out that the STF’s decision is vague and imposes self-censorship on newspapers.

A technical note published by the Liberal Institute in October 2022 also pointed out the arbitrary actions of the Superior Electoral Court (TSE) against the media during the elections. The TSE has been chaired by Moraes since August 2022.