Bolsonar federal deputy Daniel Silveira (PTB-RJ) was a confessed defendant in the criminal prosecution for undemocratic acts and coercion in the course of the investigative procedure.
In other words, he admitted the practice of the acts attributed against him by the accusing party, the Public Prosecutor’s Office, in the criminal proceedings and, also, outside of them, on several occasions. Their justifications: freedom of expression and parliamentary immunity. As if we were in a free-for-all.
As expected, Silveira ended up being condemned by a significant majority, with minister Nunes Marques’ absolutist votes and André Mendonça’s partially dissenting votes.
Although I confess, Daniel Silveira continues to be shrouded in false guise as a victim of persecution and injustice committed by Minister Alexandre de Moraes and the STF (Supreme Federal Court).
In fact, Deputy Silveira fulfills – in the coup plan of President Jair Bolsonaro (PL) and in the very interest of his survival as a parliamentarian – the role he has prepared to disrespect judicial decisions and face ministers and the Supreme Court.
Silveira became a Bolsonarist celebrity. And he pretends to be a martyr to the constitutional system. Hence, he preaches the replacement of the current rule of law by rules through institutional, exceptional acts. He makes it clear that he wants to exchange democracy for dictatorship, headed by Captain Bolsonaro. Due to the spaces occupied in the media and the notoriety gained, Silveira earns much more politically than in free electoral times.
Silveira even thinks about giving upgrade parliamentarian and run, in the upcoming elections, for a seat in the Senate, for the state of Rio de Janeiro.
But the question that does not want to be silent is the following: how did Daniel Silveira —an inexpressive and truculent deputy from the lower clergy of the Chamber— manage to become a peak character of national life? The answer is simple. Silveira, with Bolsonaro in support, takes advantage of the numerous mistakes made by Minister Moraes and the STF itself.
As you can see, the STF and its ministers, with high frequency, take the bait left by Bolsonaro.
In other words, they enter the political game prepared by Bolsonaro. For example, the criminal case against Silveira did not need to have been put on the agenda before the elections. Speed was seen, politically, as a thirst for revenge. Technically, there were other, more pressing issues.
Even a lawyer in law —with a sense of establishing a judgment of proportionality— noticed Moraes’ exaggeration in the individualization of sentences and the closed prison regime imposed on Silveira. Most followed him and seemed vendetta to set a sentence above eight years to, as a result, impose a closed regime.
This exaggeration fell from the sky for Bolsonaro and, until now, is being used politically.
Bolsonaro reacted immediately. He granted Silveira grace, in a decree aimed at the extinction of punishment. And for Bolsonaro and Silveira it matters little if the decree is unconstitutional. This, for both, is secondary.
This week, the STF did not know, as it was a reiteration of a request without a new fact, the habeas corpus filed in favor of Silveira.
As Moraes was pointed out, in the habeas corpus, as the coercive authority, to practice illegalities and abuses, the aforementioned minister cannot participate in the trial, obviously.
But this fact caused, especially in social networks, indignation. He turned to the question of the judicial inquiry, another blunder of the plenary of the STF.
In an accusatory system like ours, a judge does not investigate crimes and Moraes, by order of Minister Dias Toffoli, was illegitimately appointed to preside over investigations. Despite being the author of legal works in the constitutional, criminal and criminal procedural fields, Moraes, in particular, left the Law aside.
Those who presided over investigations, functioned as a kind of inquisitor-judge of the old system of the so-called investigative court, can never judge.
Tóffoli and Moraes were carried away by the ancient and unjust system of the Church’s Inquisition, with reprehensible figures like Torquemada.
Silveira and Bolsonaro, by default, take advantage of the crises of Torquemada expressed by Moraes and that haunt the worshipers of Law and the Just.
Back to social networks. It was explored the fact that Moraes gave himself up for impediment in one week, but in previous weeks he had judged, condemned and trampled on his hands when dosing Silveira’s sentence.
Technically, the situations are totally different, but Moraes, as they say in the popular one, “gives a lot of money”. He should not have participated, since he acted as a sort of investigating judge, in the trial of the aforementioned deputy. Furthermore, he appeared in the investigations as a victim of attacks on his objective and subjective honor.
Even more. Instead of taking care of Silveira’s arrest for failure to comply with the conditions that gave rise to the replacement of the arrest in the act with non-detaining precautionary measures, Moraes returned to target, this week, in Silveira’s pocket.
For failure to comply with court orders accepted by Silveira, Minister Moraes imposed new fines on him, ordered blocking of bank accounts and investments. He also officiated at the Presidency of the Chamber of Deputies for a 25% discount on the deputy’s monthly remuneration, until the total amount of R$ 405 thousand is paid off.
Recent decisions of the STJ (Superior Court of Justice) have been admitting discounts in wages and salaries for non-food debts, such as the case of Silveira.
Stirred up, the Bolsonaristas were furious, for no technical reason. But this is not counting in electoral and polarization times.
Root Bolsonaristas joined Silveira. This in the sense that he does not owe anything, as Bolsonaro granted him the benefit of grace. They did not even realize that the STF had not yet decreed the extinction of punishment. And yet, the question of the constitutionality of Bolsonaro’s decree is subjugated, due to the control of legality and legitimacy by the STF.
At the moment, the STF, by President Luiz Fux and by Justices Toffoli and Gilmar Mendes, this dean of the Court, are moving, according to reports, to try to put an end to the conflict between the Chief Executive and the highest body of the Judiciary.
These conciliatory actions by the STF and ministers are being seen as capitulation. Fear of facing Bolsonaro. Apart from the fact that they are disjointed actions, as Gilmar and Toffoli act on their own, going over Fux’s authority.
For Bolsonaro, it is important to extend the present institutional conflict as much as possible. And he uses Silveira to maintain electoral polarization and the attempt to co-opt the Armed Forces.
On the part of Silveira, he takes advantage, as Bolsonaro’s faithful squire, of having placed Minister Moraes as his electoral corporal. He doesn’t even consider ineligibility.