STF cannot justify acts defending democracy

While President Luiz Inácio Lula da Silva (PT) and the ministers of the Federal Supreme Court (STF) try to monopolize the “defense of democracy” narrative on the one-year anniversary of the acts of vandalism on January 8, 2023, opposition parliamentarians They try to expose a very different reality. For them, the STF and the Executive cannot use bribery to try to justify activism and exceptional measures that harm the autonomy of Congress and the individual freedoms of citizens.

But to avoid being targeted by the Supreme Court, they have to defend this point of view by making it clear that they do not support the abuses committed by protesters a year ago.

In a manifesto signed by senators and deputies, the opposition clarifies that parliamentarians vigorously condemn the acts of violence and the depredation of public buildings that occurred on January 8, 2023, and that they participated in an investigation into the flagrant acts and omissions of government authorities of the federal government, in the CPMI installed last year with the participation of deputies and senators. Click here to read the full text.

At the same time, they emphasize that “the practice of exceptional acts by a power with the justification of protecting democracy needs to be urgently stopped. The abuse of powers and the improper use of interpretations of constitutional provisions can kill democracy. The return to democratic normality can’t wait any longer.”

Excesses practiced by the powers

When referring to excesses, the opposition cites recent episodes of interference by the Judiciary in decisions taken by other powers, such as inquiry 4,781, launched in 2019 to investigate alleged fake news and threats circulated on the internet against the STF and its ministers.

Parliamentarians claim that it violates constitutional principles of separation of powers and natural justice, as it establishes the unusual situation of the STF being at the same time a victim, investigator and judge.

“This procedure deviates from the standard established by the Brazilian legal system of separating the functions of judging and accusing, a basic principle of our legal system, raising questions about the legality of its origin and the guarantee of due legal process. Furthermore, there are arguments solid information about the possibility of violating constitutional rights, such as the right to defense and the adversarial principle”, says the manifesto.

The document also emphasizes that a healthy democracy must be based on the “consistent” application of the law, and equal treatment for all. Parliamentarians highlight that the same law cannot be applied selectively, depending on the context or people involved.

The document has signatures from 30 senators and 31 deputies and asks that the Three Powers return to acting within constitutional limits. “A joint effort is needed, based on collaboration between institutions, respect for laws and the appreciation of democratic values, to face the challenges and preserve this asset [a democracia] so valuable to the Brazilian people”.

The leader of the opposition in the Senate, Rogério Marinho (PL-RN), reinforced the manifesto’s arguments, and said that “the true defense of democracy requires concrete actions, not empty and contradictory symbolism. The Lula government’s omission on that date and partiality investigations show the urgent need for a real commitment to democratic principles and the reestablishment of democratic normality”.

Senator Marcos Rogério (PL-RO) also stated that “the speech or movement in defense of democracy cannot be contaminated by attitudes or measures that offend due legal process, that trample on the separation of power and that put constitutional guarantees at risk as freedom of expression or manifestation of thought”. Still according to the senator, the defense of democracy is done with concrete acts, not with empty gestures and contaminated by ideological political bias.

In addition to them, senator Magno Malta (Podemos-ES) stated that he decided not to participate in the “Unshaken Democracy” act as he considered it a farce. “Since January last year, I have stated that, if there are those responsible for the vandalism – which the left loves to call a “coup” – at the 8/1 demonstration, they must be punished. However, I have witnessed many innocent patriots in prisons.”

Malta also criticized President Lula’s travel expenses and the role of the Federal Supreme Court. “[O STF] It should be the guardian of the Constitution and has been involved in political disputes, going against its mission. Given all of this, I question the need for this event. Which democracy will you celebrate on Monday?” said the senator.

Right-wing governors also chose not to attend the event called by Lula

Even without official confirmation from the Federal Senate’s ceremonial body, which coordinates the participation of guests for the “Unshaken Democracy” event, next Monday (8/1), several governors said they chose not to participate in the ceremony at the Hall Black member of the National Congress.

Supporter of Bolsonaro, the governor of the Federal District Ibaneis Rocha (MDB-DF) is on vacation and will not participate in the event in Congress. He was provisionally removed from office by Minister Alexandre de Moraes after the acts of 8/1.

The governor of São Paulo, Tarcísio de Freitas (Republicanos-SP), who was a minister under former president Jair Bolsonaro, will also not participate. He already had appointments scheduled for the date, according to the press office.

The governor of Goiás, Ronaldo Caiado (União), is another one who will miss the event called by Lula, as well as the head of the Executive of Rio Grande do Sul, Eduardo Leite (PSDB), who is on vacation.

The governor of Paraná, Ratinho Júnior (PSD), is another confirmed absence. According to the government’s press office, he already had a previous commitment and will not come to Brasília. The act is also not on the official agenda of the governor of Minas Gerais, Romeu Zema (Novo), according to the press office.

Also close to former president Jair Bolsonaro, the governor of Santa Catarina, Jorginho de Mello (PL), will not attend the event marking the anniversary of 8/1.