‘Precautionary arrest is not enough, it is necessary to prosecute and convict’ – 02/08/2024 – Frederico Vasconcelos

The president of the APD (Academia Paulista de Direito), Alfredo Attié, understands that it is necessary to prosecute and condemn civilians and military personnel who took power illegitimately, and who plotted against the Constitution.

“It is not enough to investigate and arrest precautionarily,” he says. These people are heirs to the civilians and military personnel who committed crimes during the civil-military dictatorship of 1964/1986, and remained free, says Attié, judge at the São Paulo Court of Justice.

Here is your opinion:

Posing as civil and military authorities, at the highest level of military hierarchy and political representation, illegitimately elevated to power, criminals, in spaces of power, plotted against the Constitution and the Law, preparing, leading, coordinating and carrying out acts for the extinction of the Democratic Rule of Law.

It is not enough to investigate and arrest precautionarily, it is necessary to prosecute and convict these people, who are heirs of the civilians and military who committed crimes during the civil-military dictatorship of 1964/1986, and remained free and in their positions of activity, leaving us with this sad and extremely dangerous legacy of irresponsibility in dealing with the Constitution and public affairs.

Declaration of incapacity

On May 13, 2021, Attié and a group of academics and lawyers filed a civil action with the Federal Supreme Court, requesting a declaration of Jair Bolsonaro’s incapacity, and the removal of the then President of the Republic.

The petition described the legal, social and psychological reasons that, according to the authors, determined the president’s declaration of incapacity.

Also signing the petition were professors Renato Janine Ribeiro from USP, Roberto Romano from Unicamp [morto em 22 de julho de 2021]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.

According to the president of the APD stated at the time, “there is intense suffering among the Brazilian people, caused by the measures taken by a government that destroys the legal, political, social, economic and health bases of Brazilian society.”

“There are acts committed by him [Bolsonaro] that contradict the Democratic Rule of Law, the Constitution and are defined as crimes, both of a common nature and of responsibility, as well as of an international scope.”

“What can and what should citizens do in the face of serious situations of despotism or incapacity, especially if there is an omission on the part of the Powers that should control, counterbalance, avoid and correct the evils caused by bad rulers?” –Attié asked.

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