STF accepts complaint against Bolsonarist deputy – 06/29/2023 – Power

The STF (Federal Supreme Court) unanimously decided to accept a complaint offered by the PGR (Attorney General of the Republic) against Bolsonarist deputy Otoni de Paula (MDB-RJ).

The Attorney General’s Office accused the parliamentarian of committing the crimes of injury and defamation by uttering offenses against Minister Alexandre de Moraes in live broadcasts over the internet, between June 16 and July 5, 2020.

The complaint had been offered by the PGR in July of that year, but the case was only released for trial in plenary by the case’s rapporteur, Minister Kassio Nunes Marques, in December 2021 and this Thursday (29) it was analyzed by the ministers.

The rapporteur assessed that the complaint should be received in full. During the vote, the minister even read the insults used by the deputy against Moraes, such as “cockhead” and “go to shit, damn it”.

The understanding was followed by ministers André Mendonça, Edson Fachin, Dias Toffoli, Cármen Lúcia, Gilmar Mendes and Rosa Weber. They stated that there are indications of materiality and authorship in the case.

Moraes did not vote in the case, as he declared himself impeded. Luís Roberto Barroso and Luiz Fux did not vote.

With the decision, criminal proceedings were instituted against the deputy, who now becomes a defendant. At this stage, the parties will be able to produce evidence and witnesses will be heard.

The piece had initially been sent to the then Minister of the STF Celso de Mello, chosen to be the rapporteur. The then dean of the court retired in October of that same year.

The following month, Kassio, nominated by Jair Bolsonaro (PL), took office in Celso’s place and inherited the procedural collection.

The Deputy Attorney General of the Republic, Humberto Jacques de Medeiros, said in the complaint that Otoni imputed, on five occasions, facts that offended Moraes’ reputation and, on 19 occasions, he offended the minister’s dignity and decorum.

According to the Federal Public Prosecutor’s Office, the congressman used “moral violence and a serious threat to coerce Moraes and, with that, benefit himself and the journalist Oswaldo Eustáquio Filho”. Eustáquio is also the subject of investigations at the Supreme Court and was even arrested by order of Moraes.

“The intimidating expressions used by the accused escape the protection of parliamentary immunity and stir up his followers on social networks, whose human contingent has already resulted in physical attacks against Congress and the Supreme Court itself”, said the representative of the PGR.

A request to remove Otoni from his duties as a parliamentarian was considered, but the Attorney General’s Office rejected “because it relied on the immediate pedagogical nature of the ongoing criminal process, reserving, however, the right to formulate the request in the event of necessary caution”.

In August 2021, the parliamentarian and other Bolsonarists, including singer Sérgio Reis, were the target of search and seizure warrants amid calls for pro-Bolsonaro demonstrations on the September 7th holiday. The measures were requested by the PGR and authorized by Moraes.

The objective was to investigate the “possible commission of the crime of inciting the population, through social networks, to commit violent and threatening acts against democracy, the rule of law and its institutions, as well as against members of the Powers”.

Otoni was the first politician formally accused by the Public Prosecutor’s Office within the scope of the investigation of anti-democratic acts. The accusation is similar to that made against fellow Bolsonarist Daniel Silveira (PTB-RJ), sentenced by the STF to 8 years and 9 months in prison, in addition to the payment of a fine and the loss of political rights. Silveira received a pardon from Bolsonaro. The benefit was overthrown in May this year by the STF.

The two cases, however, followed very different rhythms in court. Between the sending of the complaint (February 2021) and the trial of Daniel Silveira (April 2022), under the responsibility of Moraes, 14 months passed.