the minister Alexandre de Moraes refused to close the investigation that investigates the participation of Jair Bolsonaro leaking sensitive information about hacker attacks to the Superior Electoral Court (TSE).
When deciding, however, he made it clear that, as much as the Attorney General’s Office is quite aligned with the president, the magistrate will not let investigations about Bolsonaro be filed without due attention.
The PGR had spent the week trying to put an end to the case, publicly criticizing Moraes himself in the process.
One of the statements was made, for example, by Deputy Attorney General Lindôra Araújo, Augusto Aras. She said that the minister had requested steps in the investigation without the approval of the PGR, violating “the procedural system” and the “accusatory system”.
“In the specific case, the eminent Minister Rapporteur, data venia, ended up violating the accusatory procedural system, insofar as he decreed investigative measures and shared evidence ex officio, without prior request from the holder of the public criminal action and even from the police authority that he concluded the investigation, in addition to not considering the filing of the Attorney General of the Republic”, wrote Lindôra.
Alexandre de Moraes responded in kind. And he did right. Even because, asking for the shelving of an investigation with so many indications is that it can be framed in a violation.
In addition, in the judge’s assessment, the request for filing the PGR was out of time. The magistrate ended up also citing that the PGR had, in the face of Lindôra’s action, “unusual change of position”.
Moraes explained that, as it is an inquiry, the investigation phase before the opening of a possible criminal action, the Public Ministry’s work is not exclusive to the case.
The chatter during the week – within the process, of course – ended up in the newspapers and only shows how difficult dialogue is in Brazil, in any sphere, public or private.
It also reveals that respect for constituted authorities, especially those of the Supreme Court, are much more fragile in Brazil after the beginning of the Bolsonaro government.
Moraes, as I said, was not begged. He ended up imposing his authority and, like the fellow in the toga Luis Roberto Barrosokept another open flank against Bolsonaro in the midst of the elections (the case will probably be investigated for another 60 days, precisely the period left for the election).
Not because of an ideological bias or political persecution, as the president makes his radicals believe to build fallacious narratives. But yes, because – in a democratic country – it is healthy for everyone to be subject to the law, including (and especially) the Chief Executive.