From: inteligencialtda
This article examines various aspects of the Brazilian judiciary and the Supreme Court, focusing on their influence and actions as discussed in the provided transcript. Topics include ongoing investigations, high-profile cases, and broader critiques of the judicial system.
Overview of the Judiciary’s Role
The program aims to help understand the “intricacies of politics” and what is happening “mainly here in Brazil” [00:04:52]. The judiciary plays a significant role in the political landscape.
High-Profile Cases and Controversies
Bolsonaro’s Ineligibility Trial
A trial regarding the admissibility of Bolsonaro’s ineligibility was set to begin, with lawyers aiming to clarify technicalities [00:11:42]. Bolsonaro states that his case should be heard in the first instance, like Lula’s was, despite the Supreme Court previously stating it is the last resort [00:11:54]. If it were the last instance, the entire plenary, not just one class, should decide [00:12:08]. His ineligibility stems from a meeting with ambassadors in July 2021 [00:21:32]. He claims the Federal Police (PF) began investigating his “fake news” inquiry from that date, accusing him of attempting a coup [00:21:43].
The Superior Electoral Court (TSE) also initiated an inquiry into alleged fraud in his election, while a similar petition from Bolsonaro’s side regarding Lula’s victory resulted in a R$22 million fine and rejection [00:22:16]. Bolsonaro believes this was an attempt by Alexandre Moraes to end any discussion about election results [00:22:40].
January 8th Events
Bolsonaro denies orchestrating the January 8th events, noting that he was in the United States at the time and condemned the events on Twitter [00:40:40]. He claims the events were orchestrated by the other side to simulate a coup [00:39:34]. No weapons were found at the legislative police station of the Federal Senate [00:38:44]. He states that the Minister of Justice had nearly 200 cameras, but only released four that did not compromise anything, and other images were deleted [00:50:05]. Bolsonaro contends that the government knew about the potential for riots through over 30 messages from the Brazilian Intelligence Agency (Abin) to the GSI, but did nothing to prevent it [00:49:19].
Former Minister of Defense, José Múcio, and Gilmar Mendes, a Supreme Court Justice, also stated it was not a coup [00:52:51], [01:00:30].
Definition of a Coup
According to Bolsonaro and the former Minister of Defense, a coup involves armed forces, tanks, leadership, and financing [00:45:53]. Bolsonaro argues that the January 8th events lacked these elements, with no weapons, troops, or clear leadership [02:52:08].
Jewelry and Gifts Case
Bolsonaro claims that “very personal jewels” received as gifts are legally the property of former presidents, regardless of value, until specific federal legislation dictates otherwise [00:13:34]. He mentions a TCU (Federal Court of Accounts) decision supporting this interpretation [00:14:27]. He states that all requested items were delivered to the Supreme Court or Federal Police [00:14:00].
Vaccine Card Forgery Allegations
Bolsonaro faced accusations of vaccine card forgery twice [00:35:04]. The first instance in Peru, São Paulo, involved an entry in the SUS (Unified Health System) indicating he had been vaccinated, which he claims was a forgery using “lula@gmail” as an email [00:35:10]. The second instance was in Duque de Caxias, where he instructed the head of the CGU (Comptroller General of the Union) to investigate [00:35:59]. He asserts that the forgery condition was “ruled out” because he never received the vaccine, and it would be a “demoralization” for him [00:36:20]. The PF searched his home for the card [00:36:54] and investigated his travel to the US to see if he presented a vaccine card, but found nothing [00:37:34].
”Whale Harassment” Investigation
Bolsonaro recounts being investigated for “harassment of cetaceans” (whales or dolphins) after an image surfaced of him on a jetski near a whale in Guarujá [00:18:18]. He views this as a “mockery” and an attempt to “scold” him [00:19:05]. He notes that tourism operations exist for whale watching in the area, but his case was treated differently [00:18:51]. He also mentions that a delegate opined for the archiving of the case, but the Public Prosecutor’s Office may not accept it, potentially leading to 3 to 5 years of imprisonment [02:19:27].
Lava Jato and Plea Bargains
Bolsonaro claims that unlike the 293 reports in the Lava-Jato operation, his case involves only one denunciation, which he deems “completely flawed” [00:12:17]. He criticizes the plea bargain process, alleging that Minister Alexandre Moraes threatened Cid’s family (father, wife, daughter) to compel his testimony [00:30:36]. He asserts that a judge cannot participate in a plea bargain and that such agreements are not valid when signed by a defendant under arrest [00:32:13]. Cid signed his plea bargain after over a hundred days in prison [00:32:28].
Political Freedoms and Censorship
Bolsonaro states that the TSE (Superior Electoral Court) issued a resolution in mid-October 2022, between the first and second rounds of the election, which he views as Alexandre Moraes’s “final effort to prevent right-wing people” from freely disclosing his name [00:23:17]. He claims he was restricted from showing his September 7th image, or images of Lula defending abortion or saying it’s acceptable to steal a cell phone for beer during his campaign [00:23:44].
Eduardo Bolsonaro claims that money from the United States, sent through partnerships like USAID with the TSE, was used for “press indoctrination,” “reform of the judiciary,” and “conversations for soft power with judges” [01:02:40]. He states that Mike Benz concludes that if USAID did not exist, Jair Bolsonaro would still be president of Brazil, indicating “clear external interference” [01:03:30].
Corporate Cards and Secrecy
Bolsonaro explains that there are three types of corporate cards: one for the presidential residence (Alvorada) expenses, one for official trips, and a personal one allowing withdrawals up to R$20,000 per month [02:09:36]. He claims he never used his personal card and disclosed his statements [02:10:29]. Lula, who had promised to lift secrecy, later imposed it [02:11:56]. Bolsonaro states that secrecy was applied to protect individuals like his wife’s hairdresser or manicurist from malicious actions [02:11:33].
Adélio Bispo Investigation (Assassination Attempt)
Bolsonaro discusses the investigation into Adélio Bispo, who stabbed him in 2018 [02:12:27]. He criticizes the delegate, Rodrigo Mora Fernandes, who concluded that Adélio acted alone [02:12:51]. Bolsonaro alleges that Fernandes, a “good admirer of PT,” was promoted by Lula to the intelligence directorate of the Federal Police and that this directorate spent two years “chasing a guy called Jair Bolsonaro” [02:13:05]. Bolsonaro highlights inconsistencies, such as Adélio’s CPF being inserted into a Chamber of Deputies file unintentionally [02:14:25] and the fact that a seemingly poor individual traveled to track his son [02:15:26]. He also points out that Adélio was affiliated with PSOL, but this is rarely mentioned [02:15:15]. Bolsonaro found it “very strange” that three lawyers, one arriving by private plane, defended Adélio immediately after the attack [02:15:56].
Other Controversies
CPI of Lavatoga
Bolsonaro chose not to support the CPI (Parliamentary Inquiry Committee) of Lavatoga, which aimed to investigate alleged abuses in the judiciary [02:24:09]. He stated that it was a congressional matter and there wasn’t enough support for it [02:24:17]. He views pursuing such an inquiry as an “impossible” fight that would only cause “wear and tear and noise” [02:24:40].
Monocratic Decisions
He doesn’t recall vetoing a project to curb monocratic decisions (decisions made by a single judge) by the Supreme Court [02:25:25]. He believes that if such a law were to pass, it should be done through a constitutional amendment, not a veto [02:26:10].
Electoral Fund
Bolsonaro discusses the size of the electoral fund, which he describes as “absurd” [02:38:53]. He vetoed the fund’s increase when it was approved, but states that the veto was overturned [02:40:00]. He considers this an “exchange” necessary to maintain support in parliament [02:40:31].
Critiques and Perceptions of the Judiciary
Lack of Accountability
Bolsonaro criticizes the judiciary for not holding corrupt individuals accountable, stating, “you don’t know any corrupt person arrested in Brazil” [02:44:45]. He also claims that the “clean slate law” is used to persecute right-wing figures but is not applied to the left [02:45:03].
Political Bias and Persecution
Bolsonaro and his allies repeatedly express concern about the judiciary’s perceived political bias. He claims that the judiciary is rigging institutions to remove him from the political game [02:19:00]. He sees a “whole scenario set up to not come out candidate and be arrested” [01:37:55].
Unjust Sentences and Amnesty
A significant portion of the discussion focuses on what Bolsonaro and Tarcísio view as unjust sentences, particularly those related to the January 8th events. They highlight the case of Débora, a hairdresser sentenced to 14 years for painting a statue with lipstick [02:06:06], [02:02:22]. They argue that such a sentence for a “thoughtless act” is an “absurd” and “tremendous injustice,” especially given that she has been in preventive detention for two years and has young children [02:05:03], [02:01:42].
Calls for Amnesty
There is a strong call for amnesty for those unjustly imprisoned, with an emphasis on the humanitarian aspect [02:01:17]. Tarcísio confirms that the Republicans party will support amnesty [02:01:15]. Bolsonaro highlights the historical precedent of Lula advocating for the release of kidnappers to Fernando Henrique Cardoso, who granted pardon [02:03:42].
Interpretation of Laws
Bolsonaro argues that the interpretation of constitutional articles, such as Article 142 regarding the role of the Armed Forces, has been distorted. He states that the Supreme Court has practically rendered this article “non-existent” [00:44:49], despite it being a constitutional device [00:45:32].
Perceived Intimidation and Lack of Due Process
Bolsonaro states that the speed of his trial is “unbelievable” compared to others, such as Mensalão, which took 7 years to go to trial [01:33:13]. He believes that the process is “flawed” and characterized by “inconsistencies and lies” [03:00:34]. He maintains that the burden of proof should be on the accuser to prove his guilt, not on him to prove his innocence [02:06:45]. He accuses Alexandre Moraes of using his power to “show himself evil to intimidate others into supporting Jair Bolsonaro” [01:09:36].