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Pedro Benedito Maciel Neto

Pedro Benedito Maciel Neto is a lawyer and author of "Reflections on the Study of Law," published by Komedi in 2007.

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International criminals?

This is not the first time that Bolsonaro's parliamentarians have exposed the Brazilian people to international embarrassment; measures should be taken.

Eduardo Bolsonaro at the microphone (Photo: Reproduction (Social Networks))

It was widely reported in the press that far-right Brazilian congressmen denounced what they called "Judicial authoritarianism and the political persecution of opposition members in Brazil", This is an affront to civil liberties. These individuals should be in jail.

Federal Deputies EDUARDO BOLSONARO, MARCEL VAN HATTEN, ANDRE FERNANDES, DANIEL FREITAS, ALTINEU CÔRTES, DELEGADO RAMAGEM, JULIA ZANATTA, CAPITÃO ALBERTO NETO and GUSTAVO GAYER and Senators MAGNO MALTA and JORGE SEIF (It's possible that others were part of the gang). Such Members of parliament, led by Eduardo Bolsonaro, were part of a delegation organized by the aforementioned congressman and journalist Paulo Figueiredo, who presents himself as the grandson of the last Brazilian dictator, to Washington, DC.

They were received by Republican congressmen who oppose the Joe Biden administration (they were received purely as a courtesy by the Republican congressmen, as there was no official agenda).

The "03" gang went to the USA, with taxpayer money, to, according to Congressman Marcel van Hattem (Novo-RS), "... To fight for our freedom and to draw the world's attention to the challenges we are facing in Brazilian democracy and the rule of law."In a display of unprecedented subservience to another country, chronic delusion, or qualified villainy."

This is not the first time that parliamentarians have exposed the Brazilian people to international shame; last November, practically the same parliamentarians, according to news reported by the UOL Portal, met in the USA with a congresswoman who has ties to QAnon, whose members are adherents of a far-right conspiracy theory, created in the USA, which alleges the existence of a secret left-wing cabal, formed by Satan worshippers, pedophiles and cannibals, that runs a global network of child sex trafficking and that conspired against former President Donald Trump and his supporters during his term. The conspiracy was allegedly hatched based on a secret plan of the so-called "Deep State," which is the "type" of our deputies. 

According to UOL, Brazilian congressmen and senators aligned with Bolsonaro are in Washington, D.C., to denounce, according to them, "arbitrariness" within the Brazilian judicial system and alleged violations of freedom of expression in Brazil. 

It is a lie and an international disgrace to claim that there is “"arbitrary actions" from the Brazilian judicial system and alleged violations of freedom of expression in Brazil, and worse, the parliamentarians were received at the time by George Santos, a Republican Party congressman who, accused of identity theft and making payments with his donors' credit cards without their authorization, ended up losing his mandate, and by Marjorie Taylor Greene, an American congresswoman identified as a representative of the QAnon group, which spreads disinformation in the USA. 

The visit by the parliamentarians represents a disgrace that deserves attention and borders on crime. Eduardo Bolsonaro, a Rio de Janeiro native and congressman for São Paulo, used his account on X, formerly Twitter, to complain about what he called "censorship" by the "left and the establishment In the US, he said that US Congressman Jim McGover He allegedly orchestrated a veto of the scheduled hearing in the U.S. Congress, promoted by the Human Rights Commission., which Eduardo was trying to participate in (without being invited). 

According to the FORUM Portal, the hearing, scheduled to take place at the U.S. House Human Rights Committee and to be chaired by Representative Chris Smith, was canceled. "To silence the truth about what is happening in Brazil, they resorted to censorship, which is the weapon of cowards and weaklings," according to the delusional or villainous Eduardo Bolsonaro.

Consider the seriousness of this: Congressman Eduardo Bolsonaro accused a US congressman and the entire US human rights commission of complicity in alleged and fantastical abuses occurring in Brazil. This irresponsible move by the congressman could cause a serious international political incident.

Let's get to the point. The deputies and senators used parliamentary activity allowances, which should cover the expenses of their mandate, without observing the Principle of Morality, article 37 of the Federal Constitution. This is because one cannot finance trips unrelated to their mandate, and if there were indeed grounds for complaint, they should have addressed the relevant UN body – the United Nations – and not visited the US capital. It seems that these parliamentarians were seeking publicity, "likes," and the production of false content, not caring about the veracity of what they declared and continue to declare, because they know that Brazil does not operate under arbitrary rule of any kind.

Besides shrugging off the public morality of the gang led by "03," they theoretically committed a crime, since spreading rumors or fake news on social media is a crime, because when anyone, including parliamentarians, disseminates information that the country lives under a regime of "Judicial authoritarianism and the political persecution of opposition members in Brazil"They are committing a crime, after all, they are producing and sharing fake news and rumors, which, it should be repeated, is a crime in Brazil and the penalties for these crimes can reach almost 3 years, as defined in the Penal Code and the Electoral Code." 

What the members of parliament did was exactly the opposite, and smj, They must be held accountable for their actions.

Lying as a method of doing politics is a contemporary weapon, used as a very common tool, especially in election years. There are veritable machines dedicated to producing and spreading fake news; perhaps the parliamentarians mentioned above are its producers and disseminators. In any case, I think they have, in theory, committed crimes by lying and spreading fake news, consciously assuming this risk, and therefore they must be held accountable for their actions. 

I don't know where in the sewer this bunch lives, because Congress itself isn't oblivious to the harm caused by fake news, so much so that the Federal Senate recently approved Bill No. 2.630 of 2020, by Senator Alessandro Vieira, which establishes the Brazilian Law of Freedom, Responsibility and Transparency on the Internet. 

And the STF, equally attentive to this new way of committing old crimes, as well as to the new crimes that arise from new relationships and interactions, validated and declared the constitutionality of Inquiry (INQ) 4781, initiated with the objective of investigating the existence of fraudulent news (fake news), false accusations and threats against the Court, its ministers and their families, to which this request may be forwarded.

By a vote of ten to one, the understanding of Minister Edson Fachin prevailed, that the Argument of Non-Compliance with Fundamental Precept (ADPF) 572 was totally unfounded,In the face of incitement to close the Supreme Federal Court, death threats or imprisonment of its members, and proclaimed disobedience to judicial decisions."What did the parliamentarians do, besides inciting their supporters against the Supreme Federal Court and engaging in civil disobedience, was commit crimes against honor."

And, in a famous vote o Justice Celso de Mello observed that the Supreme Federal Court (STF) has the extraordinary and atypical function of investigating any real or potential harm to its independence, and the rules of the STF's Internal Regulations that justified the initiation of the inquiry qualify as an instrument for the protection and defense of order and constitutionality. According to him, it would make no sense to remove from the Court instruments that allow it to effectively protect the democratic order, the Democratic Rule of Law, and the institution itself, since the machine of fraudulent news resembles criminal organizations, but with the purpose of coercing the institution. Justice Celso de Mello emphasized that incitement to public hatred and the propagation of offenses and threats are not covered by the constitutional clause that protects freedom of expression and thought.

Unless I'm mistaken, saying in foreign lands that the country is living under "Judicial authoritarianism and the political persecution of opposition members in Brazil"This is extremely serious, but it's not just that. Federal Deputy Eduardo Bolsonaro gave a criminal interview to far-right journalist Tucker Carlson (https://www.youtube.com/watch?v=b32WSBg1uKYin which he explicitly states that Brazil is not a free country and that we live under a regime of exception.

I submitted a request for action to the Attorney General's Office; let's see if anything happens.

* This is an opinion article, the responsibility of the author, and does not reflect the opinion of Brasil 247.