The absence of posters at a pro-Bolsonaro event aims to avoid new lawsuits

Former president Jair Bolsonaro’s (PL) request for supporters not to carry posters at the demonstration on the 25th suggests that the former president will be cautious in criticizing the Federal Supreme Court (STF), with emphasis on minister Alexandre de Moraes. In addition to the political complications, the former president wants to avoid legal problems.

“Do not show up with any poster or banner against anyone,” said Bolsonaro in the video published on social media this Monday (12), when calling supporters to the act. The summons comes after the former president was the target of the Federal Police’s Tempus Veritatis operation, which is investigating an alleged coup attempt. This Friday (16), the former president reinforced the request in a new video published on “X” (formerly Twitter).

“Collaborate with us, it’s a great photograph, a unique moment to show the world – in green and yellow, without banners and posters – what we want, which is God, Homeland, Family and Freedom”, said Bolsonaro.

The request goes against the demonstrations called by the former president in 2022, when there was no request regarding the behavior of the protesters. The objective is to prevent the act on the 25th from having posters that could be considered “anti-democratic”, such as requests for the closure of the STF or against magistrates, or even for military intervention, as occurred in previous demonstrations.

Behind the scenes around Bolsonaro, the understanding is not to give any more pretexts for the “radicalization of the judiciary”, that is, new arrest orders coming from Moraes. At Tempus Veritatis, Filipe Martins, Bolsonaro’s former international affairs advisor, was arrested; the Army colonel and former Bolsonaro advisor, Marcelo Câmara; and the Army Special Forces major, Rafael Martins.

In the assessment of political scientist Adriano Cerqueira, from Ibmec in Belo Horizonte, the former president aims, with the act in Paulista, to make a statement amid the wear and tear caused by the operation. On the other hand, he wants to do this in a way that does not affect the STF.

“This movement shows that he is removing any responsibility for any legal action that may occur. I believe that if it were up to Bolsonaro’s lawyers there would be no demonstration at all, but it is an issue that has a very strong political tone. Bolsonaro saw that the time was good for the demonstration. The latest AtlasIntel survey showed that 47% of Brazilians think they are living in a judicial dictatorship,” said Cerqueira.

He also highlighted that the climate of a possible arrest of the former president combined with the presence of important figures, such as governor Tarcísio Gomes de Freitas, from São Paulo, could contribute to Bolsonaro becoming stronger.

“I think it’s time for Bolsonaro to react. There is the idea that he could be arrested at any time. A manifestation of strength like this, if it occurs, is always an ingredient to be considered by those who want to do this. Remembering that many deputies have already announced their presence and so has the governor of São Paulo himself. This is good for Bolsonaro because it shows support from more institutionalized politicians, at the same time as it serves as a guarantee for those protesters who are afraid that this demonstration will be a new January 8th,” he added.

What could cause problems

Bolsonaro’s caution takes into account that the STF, especially Minister Alexandre de Moraes, has adopted a punitive stance in the trial of the January 8th defendants, including those who were just camped in front of the Army barracks in Brasília. These are being condemned for “publicly inciting the commission of crime”, while those who invaded the headquarters of the Three Powers are being condemned – the majority of those who have been tried so far – also for violent abolition of the Democratic Rule of Law and coup.

According to lawyer Adriano Soares da Costa, former judge from Alagoas, the Federal Constitution guarantees the right to demonstrate, with cases in which there is an express request for the extinction of democratic institutions being prohibited by law.

“Freedom of expression and freedom of demonstration are fundamental rights guaranteed by the 1988 Constitution, and any citizen can carry posters with demands and even criticism of institutions or public agents. This is the essence of democracy. What cannot, because prohibited by law, is demonstrations aimed at closing democratic institutions, requests for intervention by the Armed Forces in the political process (coup d’état) and verbal attacks that are considered crimes regardless of the demonstration (racism, homophobia, assault on honor, etc.)”, says the lawyer.

Costa also stated that the population cannot be prevented from demonstrating and that the request made by Bolsonaro in relation to the posters is an explicit guideline so that there are no excesses in the act in defense of the former president.

“Democracy without popular demonstrations would be a contradiction in terms. Therefore, the Constitution protects these public freedoms eloquently. And people cannot be afraid or have their political rights restricted. There is always a risk of infiltrators or miscreants, with illegal demonstrations. But each person will answer for themselves and their actions, even more so given the clear guidance given by the former president to his supporters,” he added.

For constitutional lawyer André Marsiglia, none of the accusations being made against the January 8 defendants – be it the abolition of the Democratic Rule of Law or incitement to crime – can serve to punish demonstrations that may offend the Supreme Court or others. institutions.

“Asking for or being in favor of something is the expression of a private opinion that, due to the constitutional right of assembly, can be exposed in public. To incite is to contribute decisively to a concrete action through demonstration. Whoever carries a sign asking for the monarchy , saying “out president” or asking for intervention does not contribute to any concrete action, it only expresses your right to an opinion,” he said.

He added: “The STF itself has already decided, when considering the ‘marijuana march’ in 2011 constitutional, that even demonstrations in favor of something illegal are not considered incitement or condonation of crime.”

Bolsonaro does not commit a crime by participating in a demonstration and the act is constitutional

When criticizing the call made by Bolsonaro, the president of the PT, federal deputy Gleisi Hoffmann, stated that “there is no legitimacy” in the event. Furthermore, left-wing legal analysts spread the theory on social media that the former president was committing a crime by promoting the act. The line of reasoning is that there would be a possibility of preventive arrest of the former representative for carrying out an event that could cause friction between the institutions.

Responding to this question, Costa states that Bolsonaro is not prevented from exercising his civil rights, such as calling for demonstrations or expressing himself freely.

“Former president Jair Bolsonaro is in possession of all his active political rights (ineligibility is a passive political right), being able to freely exercise all the powers inherent to citizenship: freedom of demonstration, freedom of expression, without any impediment or risk in the face of of investigations – there is not even a process – to which he is subjected”, said the lawyer.

And he added: “The only restrictions he has as an investigator are those contained in a decision by Minister Alexandre de Moraes: seizure of passport and contact with certain people in his personal circle, who are also investigated as part of the investigation into anti-democratic acts.”