STF orders PGR to investigate within 15 days whether Bolsonaro committed

In an order published this Tuesday (26), the minister of the Supreme Court (STF), Carmen Lúcia, gave 15 days for the Attorney General’s Office (PGR) to comment on the News Crime filed against president Jair Bolsonaro (non-party) for committing crimes during the anti-democratic demonstrations held on September 7, 2021.

The request for the PGR to denounce the president was made on September 9th by the Brazilian Association of Jurists for Democracy (ABJD), Association of Lawyers and Public Lawyers for Democracy (APD), Association of Judges for Democracy (AJD) and Institute of Research and Advanced Studies of the Magistracy and the Public Ministry of Labor (Ipeatra).

In her decision, the minister determines that the PGR, after investigation, return to the STF with the requirements it deems necessary for better clarification, to request filing or to file a complaint.

::September 7th did not affect the government’s popularity, but left it more isolated, analysts say::

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The jurists maintain that on September 7 the President of the Republic delivered a speech to his supporters in Brasília and São Paulo that amplified and reverberated the anti-democratic and coup rhetoric, in which Bolsonaro had already said that he would no longer accept the decisions of the Judiciary and, if the ‘chief’ of the Supreme Court does not ‘fit’ his ministers, ‘he can suffer what we don’t want’.

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For the entities, the speeches bring a very clear threat of a blow to Brazilian democracy. “In his speech on Av. Paulista, in the city of São Paulo, Bolsonaro unequivocally defends disobedience and indifference to court decisions and orders. In addition to undermining a Power of the Republic, he advocated disobedience to legal orders, encouraging the practice of crime typified in article 330 of the Penal Code”, they reinforce.

::Without violence and force for a coup, September 7th opens Bolsonaro’s isolation in SP and DF::

Given this conduct, the organizations asked the STF to accept the crime report and summon the PGR to file a complaint against the President of the Republic for the commission of crimes against the constitutional order, the Democratic State of Law and the separation of powers.

The jurists also want an investigation to be opened to investigate the commission of crimes of incitement to crime (CP, art. 286); apology for crime or criminal (CP, art. 287); crime against national security (Law 7170/83, art. 18); and misuse of the funding source for undemocratic acts, including public funds and resources.

Edition: Vinícius Segalla

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