There is no evidence that the complaint against the judge benefited Lula – 07/19/2023 – Politics

There is no evidence that complaints against judge Alexandre Victor de Carvalho, from TJ-MG, nor the audio of a conversation intercepted by the Federal Police in 2015 between the judge and the then Secretary of Public Security of São Paulo, Alexandre de Moraes, have benefiting President Luiz Inácio Lula da Silva (PT), as suggested by a video montage published on Telegram verified by Projeto Comprova.

In November 2015, through Operation Abside, the PF intercepted the telephone and discovered that Alexandre de Moraes, now a minister of the STF (Federal Supreme Court), reassured the judge Alexandre Victor de Carvalho, who was being investigated about the progress of a case in the Supreme Court that could remove him from office. The recording, made by the PF with authorization from the STJ (Superior Court of Justice), suggests that Moraes acted informally as Carvalho’s lawyer, during the same period in which he held the position of Public Security Secretary in São Paulo.

The post investigated by Comprova makes a montage with audio, news clippings about the judge and uses texts such as “See how Lula won freedom and the presidency. Clamp catches Morais” (sic), “Grampo: Moraes lobbied on STF to free the judge” suggesting that Moraes would also have acted in Lula’s defense to free him from prison.

The investigated content, however, does not bring any element to support the allegations. Comprova found no mention of the current president in reports that were published on the subject. Lula is also not mentioned in the audio and video excerpts compiled in the investigated post. The president’s name appears only in the text inserted above the images.

Misleading, for Comprova, is all content removed from the original context and used in another so that its meaning undergoes changes; that uses inaccurate data or that induces an interpretation different from the author’s intention; content that is confusing, with or without the deliberate intent to cause harm.

Reach

Comprova investigates suspicious content with greater reach on social networks. As of July 18, the content had 9,500 views on Telegram.

How do we check

After transcribing the content of the investigated video, the team researched the complaint against Judge Alexandre Victor de Carvalho in press reports (Sheet, G1) and websites of bodies such as the MPF and the STJ. It also gathered information about the telephone interception made by the Federal Police involving Supreme Minister Alexandre de Moraes and sought to identify a possible relationship between President Lula (PT) and the cases cited in the video.

Finally, the team contacted Moraes’ office, the TJ-MG and the STJ.

Investigation

Judge Alexandre Victor de Carvalho, from TJ-MG, was denounced by the MPF for passive corruption in April 2020. , the second largest in the country.

According to the accusation, in November of that year, the judge would have asked the authorities of the Legislative Power to nominate his wife for a position in the Legislative Assembly and his son for a position in the City Council of Belo Horizonte. The negotiations, according to the investigation, were made with the then attorney general of the Chamber, Augusto Mário Menezes Paulino, and the then president of the Minas Gerais Legislative, Adalclever Lopes (MDB).

The MPF’s complaint suggests that Carvalho’s relatives would act as ghost employees, without fulfilling the required workloads for the positions, and that there would be a “split” scheme to divide the salaries paid by the treasury.

In return for the appointment of family members, the judge would have made room for politicians to ask him for favors and would have supported the nomination of the then lawyer Alice Birchal for the position of judge of the TJ-MG. According to the complaint, the Minas Gerais government leadership was interested in Birchal’s nomination because her husband had connections with the PT, the party of the state governor at the time, Fernando Pimentel.

The complaint was filed by the STJ on May 17, 2023. At the time, the collegiate understood that there were “not enough elements to prove that the magistrate influenced the choice of names for the triple list of the TJ-MG in exchange for appointments in positions in the Legislative”.

In addition, for the rapporteur of the case, Minister Luis Felipe Salomão, for the crime to be confirmed, there should be evidence that confirms the causal relationship between the alleged undue advantage and the acts of the judge, which did not occur.

telephone interception

The basis of the MPF’s complaint against Carvalho were elements obtained through Operation Abside, carried out by the Federal Police in 2015. de Carvalho regarding the progress of a lawsuit against him at the STF.

At the time, the judge was responding to a lawsuit for having hired, for a position in his office, an employee who did not perform her duties on the spot. The suspicion of the PF was that the servant returned part of her salary to the magistrate. Carvalho was acquitted by the TJ-MG, but the National Council of Justice (CNJ) continued the process. Days later, the case was dismissed.

The recording, made by the PF with authorization from the STJ, suggests that Moraes acted informally as Carvalho’s lawyer, during the same period in which he held the position of Public Security Secretary in São Paulo.

In Brazil, legislation prohibits the practice of law associated with command positions in public bodies. In case of non-compliance with the rule, the professional may suffer disciplinary proceedings at the OAB (Ordem dos Advogados do Brasil) and criminal proceedings for irregular exercise of the profession.

In an article published by Sheet on December 15, 2019, the vehicle says that it tried to contact Moraes, and that the minister chose not to comment on the case. Carvalho claimed that there was no misconduct, since the lawsuit filed in the Supreme Court was conducted by lawyer Laerte Sampaio.

Comprova tried to contact the office of Minister Alexandre de Moraes and the TJ-MG, but there was no response until the publication of this check.

Carvalho in the Electoral Court

In fact, the judge Alexandre Victor de Carvalho worked at TRE-MG. He was Deputy Minister of the Electoral Court between July 2017 and June 2019, when he became Vice President and Corregidor of the body. In June 2020, Carvalho became president of TRE-MG, remaining in office until 2021. He was no longer part of the Electoral Justice during the 2022 election, in which Lula was elected.

To Comprova, the STJ informed that the case against Carvalho related to the complaint for passive corruption (criminal action nº 957) has already been judged, but that access to the entire file is given only to the parties involved and their lawyers through an electronic system. Lula’s name was not found in the public consultation on the criminal action available on the STJ website.

The team did not find any reference to Lula’s name in the reports dealing with Carvalho’s investigation or the telephone interception involving Alexandre de Moraes.

What the person responsible for the publication says

It was not possible to contact the Canal Brasil profile on the right, as Telegram does not allow sending messages. Googling the account name, Comprova found a corresponding YouTube channel, but there is no contact information.

What can we learn from this check

One of the tactics used by disinformers is the manipulation of contexts by combining true information with false or invented data. It is also common for misinformers to try to confuse the public, as in the case of the content investigated in this check, in which there is an effort to create confusion between judge Alexandre Victor de Carvalho and minister Alexandre de Moraes, a frequent target of misinformation on the networks.

When faced with this type of material, it is always important to perform a Google search. From research on websites of government agencies and professional communication vehicles, for example, it is possible to find complete and contextualized information on the subject.

why do we investigate

Comprova monitors suspicious content published on social networks and messaging apps about public policies and elections at the federal level and opens investigations for those publications that have achieved greater reach and engagement. You can also suggest checks via WhatsApp +55 11 97045-4984. Suggestions and questions related to questionable content can also be sent to Sheet via WhatsApp 11 99486-0293.

Other checks on the topic

Lula and government ministers are frequent targets of misinformation on the networks. Comprova has already shown, for example, that old tweets by Flávio Dino criticizing the electoral system are real, that the president did not announce the confiscation of Brazilians’ savings or sign a decree to put an end to private property.