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Jefferson Miola

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Moraes's choice is only explainable in a state of exception.

"Strictly speaking, the usurper Michel Temer has no legitimacy to nominate the judge who should fill the vacancy in the Supreme Court left by the death of Teori Zavascki. Temer is not a legitimately elected president; he is a conspirator who seized the Planalto Palace with his corrupt, white, and male mob, and who exercises presidential prerogatives because the country is under a regime of exception," says columnist Jeferson Miola; "When Brazil returns to normality with the election of a government legitimized by popular suffrage, this indecent nomination, as well as all the setbacks and attacks against the Brazilian people and national sovereignty, such as PEC 55, the handing over of the pre-salt reserves, and other measures harmful to the country, should be revoked with popular support."

Brasilia - Interim President Michel Temer and Justice Minister Alexandre de Moraes participate in a meeting with the Secretaries of Public Security from all states, at the Ministry of Justice. (Marcelo Camargo/Agência Brasil) (Photo: Jeferson Miola)

Strictly speaking, the usurper Michel Temer lacks the legitimacy to nominate the judge who should fill the vacancy on the Supreme Court left by the death of Teori Zavascki.

Temer is not a legitimately elected president; he is a conspirator who seized the Presidential Palace with his corrupt, white, and male mob, and who exercises presidential prerogatives because the country is under a regime of exception.

The coup plotters who orchestrated the coup d'état through the fraud of impeachment And those who control the legislative and judicial branches grant him, the "MT" of the Odebrecht bribery spreadsheets, powers that would only be legitimate for an official elected by popular vote. The media, led by Rede Globo, fulfills the legitimizing function of the usurper government and normalizes each step of the coup's evolution.

It is in this context that the nomination of Alexandre Moraes, a member of the PSDB party, to the Supreme Court is situated. Only in such an environment could the appointment to the Supreme Court of a former lawyer for Eduardo Cunha and former lawyer for a cooperative associated with the São Paulo criminal organization PCC – the Primeiro Comando da Capital (First Command of the Capital), which spread throughout the country during his time in São Paulo – prosper.

With his decidedly controversial stances, Moraes generated strong controversy in every position he held. As a university professor, he was accused by students of not opposing the use of torture as a method of obtaining confessions from suspects.

In the São Paulo state security department under the Geraldo Alckmin/PSDB government, the brutal attack on student and popular demonstrations was comparable only to the repression and police violence of the dictatorial period.

In the Ministry of Justice, he did not contain his militant hyper-activism and the fascist culture of politicizing state institutions to target political adversaries and protect his own. He never hesitated to interfere in Federal Police investigations to harm the PT (Workers' Party), as in the operation mounted to arrest former minister Palocci the week of the last municipal election.

If Brazil were experiencing an environment of institutional normality, no legitimate government would ever appoint its own Minister of Justice, affiliated with a conspiratorial party [PSDB] and lacking the necessary qualifications, to the highest judicial position in the country.

Based on the criteria that Alexandre Moraes himself defended in his doctoral thesis, he could not be chosen for the position. In 2000, he argued that "access to the Supreme Federal Court is prohibited for those who are exercising a position of trust in the Executive Branch during the term of the President of the Republic in office at the time of the selection." in order to avoid displays of political gratitude or compromises that would undermine the independence of our Constitutional Court.".

The shamelessness and brazenness stem from the illegitimacy of a government that cares little about its unpopularity because it is supported by a coup-plotting majority in Congress and by a partisan and biased media.

The nomination of the PSDB member to the Supreme Court is part of the recomposition of the coup-plotting bloc to stifle Lava Jato and protect the PSDB, PMDB, and allies mentioned in the plea bargains of construction companies kept secret by Attorney General Rodrigo Janot. The replacement of Moraes by a PMDB member in the Ministry of Justice is an important development that should be closely monitored, because it represents new moves on the Lava Jato chessboard.

It is unlikely that his nomination will be rejected by the Senate, no matter how combative the opposition blocs are against the coup. After all, the Senate is a branch of the coup; it is the transmission belt of the "general assembly of bandits commanded by a bandit named Eduardo Cunha," as the international press characterizes the Chamber of Deputies.

When Brazil returns to normalcy with the election of a government legitimized by popular vote, this indecent nomination, as well as all the setbacks and attacks against the Brazilian people and national sovereignty, such as PEC 55, the handing over of the pre-salt reserves, and other measures harmful to the country, should be revoked with popular support.

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