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Walter Maierovich

Walter Maierovich

According to the news, Justice Luís Roberto Barroso, with the STF (Federal Supreme Court), filed a private criminal action against former senator Magno Malta. The opening piece has not yet been made public.

In the initial petition, — technically called “criminal complaint”, Barroso allegedly presented himself as a victim of crimes against honor: slander, slander and defamation.

Also as reported by the media, the “criminal complaint” was, by virtue of connection, distributed to Minister Alexandre de Moraes, who presides over the judicial inquiry into fake news and incitement against the Judiciary, in particular the STF and TSE (Tribunal Superior Electoral). Rapporteur Moraes would have given a period of 15 days for Magno Malta, the defendant, to manifest.

The fact that offends the objective and subjective honor of Minister Barroso, —dignity, decorum, reputation-, would have resulted from a very recent demonstration by Magno Malta and when he claimed to be Barroso, in the STJ (Superior Court of Justice) being investigated for “beating a woman” .

It is not known, so far, which lawyer Barroso hired and who would have signed the initial petition (criminal complaint). Barroso, as a minister of the STF, cannot advocate. That is, he has no postulatory capacity, to ask in court, without a lawyer.

According to what runs informally, —in the nicknamed radio corridor—, Barroso represented the end of a public criminal action. When in office and offended in his honor, a minister of the STF (or any magistrate) has public criminal action conditioned to representation.

Therefore, there is no criminal complaint, but representation in order to initiate public criminal action, it should be noted, conditioned to representation.

As Barroso’s play is not yet public, speculation remains.

In addition, another legal question arises: Magno Malta no longer has jurisdiction due to the prerogative of its function (privileged jurisdiction).

Another relevant question.

In public criminal action conditioned to representation, the holder of the proposal is the Public Ministry. Now, it was not prosecutor Augusto Aras who was informed, but minister Alexandre Moraes.

Former senator Magno Malta has just expressed himself in the sense of having, at the Bolsonarista event that took place in Campinas at the weekend, reiterated facts he said years ago.

In other words, Malta points to the decay of the right of criminal complaint. In his view, the right no longer exists because Barroso has not exercised it within the legal term.

With regard to decadence, the law is clear in establishing the date of knowledge of wholesale offenses as the starting point.

From what he perceives, Barroso only became aware of it now and, thus, it is not possible to speak of decadence.

Magno Malta, as reported, stressed Barroso’s response to two investigations in the STF. All based on the Maria da Penha Law and for “woman beating”.

WARNING. It is not up to the STJ to investigate STF ministers. Therefore, Magno Malta’s speech started badly.

In the attack on honor, Magno Malta, with the clear intention of ridiculing, —always in the Bolsonarista event that took place in the São Paulo municipality of Campinas—, considerations of Barroso’s behavior when he was questioned in the Senate when he was nominated for the STF.

In short: technically, everything is still confused. The only clear thing is the offenses against the honor of Minister Barroso.

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