Gilmar does what he wants, when he wants. Give Gilmar back! Or to hell with Brazil.
Gilmar Mendes sits on top of Adin 4.650, without delay and devoid of any constraints, demonstrating his opportunistic and arrogant nature, indicating that he will not relinquish control of the case.
In a few days, it will be a year since the Supreme Federal Court (STF) Justice Gilmar Mendes requested a review of the Direct Action of Unconstitutionality No. 4.650, authored by the Brazilian Bar Association (OAB), which, among other things, prohibits private donations to political campaigns. These donations have undeniably become a dirty way to pay bribes to corrupt individuals or thieves of public funds disguised as public servants, businesspeople, executives, and politicians, with the complicity of judges and police officers who have chosen to commit crimes.
Gilmar Mendes, with his characteristic "I do what I want, when I want," has always acted in an authoritarian manner. Throughout these years, he has been involved in controversial and questionable judicial decisions, and has become a political and partisan reference point for right-wing parties such as the PSDB, DEM, and PPS. He is also, in effect, one of the "stars" of the private business media owned by billionaire press magnates, who have always praised and lauded conservative, ideological judges willing to behave like true politicians, serving the status quo and the interests of big business, including international businesses, as well as opposing the labor leaders elected and re-elected by the people as presidents of the Republic since 2002.
At this moment, Gilmar Mendes, with his "I do what I want and when I want" attitude, sits on the Direct Action of Unconstitutionality 4.650, without delay and without any constraints, demonstrating his opportunistic and arrogant nature, indicating that he will not back down from the process, despite knowing that it is precisely the financing of political campaigns by the private sector that has allowed corruption in the public sphere, money laundering, and the payment of bribes, as if they were financing of electoral campaigns, by criminal executives and businessmen.
These realities have caused serious damage to political and institutional stability, as well as fostering a climate of coup-mongering against the Labor government. In turn, the hysterical frenzy, fueled by a purely market-driven press, stirs up the right wing, which irresponsibly takes to the streets to vociferate "against everything that is there," because that is their only agenda, demonstrating intolerance and, above all, ignorance about Brazilian issues, absurdly calling for a military coup. Chagall and Salvador Dalí wouldn't be so surreal.
While the pot boils and the goose is sizzling, Gilmar Mendes, "I do what I want, when I want," takes advantage of the time he has to conspire and, in turn, make statements claiming that it is the National Congress that will decide on matters relating to political reform, as if the judge, a protégé of Fernando Henrique Cardoso—the Neoliberal I—were not a magistrate with a past full of political confrontations against the Presidency of the Republic and the leadership of the Chamber of Deputies and the Federal Senate, interfering, mistakenly, in matters pertaining to the Executive and Legislative branches, intentionally creating crises to prevent the Government from governing and the Legislative branch from legislating. Gilmar, above all, chose to speak more on television microphones instead of speaking more in the court records.
How many times has the politically conservative magistrate engaged in chicanery, cooperating with the opposition and its allies, politicizing the judiciary and criminalizing the Government and the Workers' Party, through the backroom dealings of the Supreme Court and the bright lights of television cameras, through the written and spoken words of journalists and "experts" on the shelf, sycophants, one-note lackeys, flatterers of bosses and coup-plotting leaders, who reject and do not submit to the will of the majority vote, because they are dissatisfied with the electoral defeat of 2014.
These people, incredibly, conspire openly and freely, and still have the audacity to accuse the PT government of being dictatorial, communist, Bolivarian, authoritarian, and that soon it will forcibly seize the savings, furniture, and real estate of the middle-class, conservative, and Lacerdist-leaning class, and that, in the midst of democracy and at the top of their lungs, they reaffirm their verbal and ideological incontinence by calling for a military coup. It's like this: the PT government, which governs democratically, is authoritarian; but a military dictatorship dreamed of and demanded by these conservatives, ignorant of Brazilian history and depoliticized, is not. So, there you have it. Sleep with that noise...
As Attorney General of the Union during the FHC administration, the constable judge has acted politically and with bias since his appointment to the most important court in this country. His controversial decisions have always given society the impression that something is amiss, because Gilmar Mendes was the first of the presidents of the Supreme Federal Court, after Lula came to power, to systematically interfere in political matters far removed from his role as a judge and, obviously, one of the heads of the Brazilian Judiciary.
This magistrate, decidedly right-wing, echoed the rhetoric and opened the curtains on the Supreme Court plenary, which, during his presidential term, as well as during the term of Justice Joaquim Barbosa, witnessed a veritable spectacle of outrageous behavior, shouting, insults, and provocation, laying bare the political intentions of boastful judges who, instead of remaining silent and only speaking in court, chose the microphones and lights of the mainstream media, which treated them as "stars" of the Republic in opposition to the popular governments of Lula and Dilma Rousseff.
It has been regrettable that this judge has made numerous decisions that had, and still have, the purpose of creating political and journalistic events, causing institutional instability and, above all, favoring the interests of the opposition. Gilmar Mendes' latest action, "I do what I want, when I want," is to hold up for a year the proposal that ends private campaign financing.
Now, let's get to the burning question: if Judge Gilmar Mendes vehemently criticizes corruption and the right-wing opposition loudly denounces the Republic's wrongdoings, then why is this magistrate, an "idol" of the mainstream and foreign press, holding up the vote on an important direct action of unconstitutionality brought by the Brazilian Bar Association (OAB)? After all, the score is 6 to 1 in favor of ending private financing of electoral campaigns, and it is precisely because of this that the conspicuous judge requested a review of the process, that is, he has frozen its approval by the majority of the Supreme Court justices. Casuistry at its finest.
What is Gilmar Mendes's intention, "I do what I want, when I want"? Why do Rede Globo, Globo News, and their counterparts remain silent, refusing to comment, while supporting and echoing, as if it were brainwashing, the coup-mongering demonstrations of the right-wing UDN supporters, many of whom are fascists and bearers of swastikas, as they stupidly insisted on showing their "pure" and "well-intentioned" actions in favor of democracy, against corruption, and perhaps "everything that's going on"?
However, they don't have any agendas favorable to workers or the improvement of sectors like education and health, nor have they ever questioned the corruption committed by the PSDB party, notably in São Paulo, Paraná, and Minas Gerais, nor have they demanded punishment for the barons of the corporate press who commit tax evasion crimes and deposit fortunes in numbered accounts at HSBC in Switzerland, a bank accused of laundering money even from arms and drug trafficking, which recently paid large sums in fines in the United States. I haven't seen or heard any fascist right-wingers complain about this. Even their protests are selective, just like the news from the bourgeois press with its history of supporting coups. They really understand each other, because they're all cut from the same cloth.
However, to Gilmar Mendes' dismay, the minister and president of the Supreme Federal Court (STF), Ricardo Lewandowski, seems not to share the intentions of his reactionary colleague, who blocked a decision prohibiting a practice that disguises bribes as campaign donations, and the corporate and subservient media once again remained silent. Lewandowski, discreetly, but with a word to the wise sufficient, announced that he will prioritize the judgment of cases with requests for review. And immediately. Evidently, the Direct Action of Unconstitutionality (ADI) No. 4.650 will have its 6-1 vote scheduled and placed on the agenda, with the approval of the end of private financing for electoral campaigns.
"We intend to make an effort to release as many dissenting opinions as possible in accordance with the fundamental right provided for in Article 5, item LXXVII, which is the reasonable duration of the process," stated President Lewandowski. Therefore, let's move on to the second question that stubbornly refuses to be silenced: how can a judge, like Gilmar Mendes, prejudice a vote so important to citizenship, one that improves the Brazilian electoral process and helps combat corruption, and have the audacity, the arrogance, the presumption to still claim, after a year sitting on the injunction, that the Supreme Court lacks the legitimacy to vote on such a matter because, according to the judge, only Congress will be able to analyze the process?
That's not right, my friend. So you're saying that as long as Congress has a government majority, politics can be judicialized, as well as criminalized, according to the interests of the opposition so fond of Gilmar Mendes's "I do what I want, when I want" attitude? Since Congress is in a phase of confrontation with the Government and a conservative majority elected a president (Deputy Eduardo Cunha – PMDB) who is a staunch opponent of Dilma Rousseff's Workers' Party government, Gilmar thinks it's best to consider that Congress should decide on the injunction, especially since the right-wing magistrate is defeated in the Supreme Court, because his vote is outvoted.
Finally, it should be noted that, by requesting a review of the matter under vote, Gilmar Mendes deliberately favored electoral corruption. And why? I answer: the October 2014 elections could already have been subject to the new rules, with the approval of Adin No. 4.650. In short: companies and private corporations would have had much more difficulty corrupting public servants and politicians, because legally they could no longer finance electoral campaigns.
It's that simple, even though I know that the regional electoral courts, the TSE (Superior Electoral Court), the Public Prosecutor's Office, the political parties, the Federal Police, and Brazilian citizens would be vigilant in combating any illegalities and wrongdoing, denouncing criminals, and preventing candidates favored by businessmen and conservative, coup-supporting media from receiving millions while their opponents are left destitute.
Gilmar Mendes is delaying the Brazilian democratic process. He does not work in the interests of the Brazilian people. This judge released the multi-rapist, doctor Roger Abdelmassih, granted two habeas corpus to the banker, Daniel Dantas, in just 48 hours, effectively preventing their imprisonment, and also tried to put former president Lula in a difficult situation before society by saying that the labor leader asked him to judge the "mensalão" case after the 2012 municipal elections.
A terrible, outrageous lie, riddled with malice, political and media interests, yet refuted by the former Minister of the Supreme Federal Court and of Defense, Nelson Jobim, and never proven, as exemplified by the wiretaps without audio between Gilmar and the ousted senator from the DEM party, Demóstenes Torres, the former Plutarchian henchman of Globo and the mainstream press in general, in addition to the wiretap with audio, when Gilmar Mendes was recorded by the Federal Police, with the authorization of the Supreme Federal Court, talking to the former governor of Mato Grosso, Silval Barbosa, exactly on the day he was arrested, in his apartment in the city of Cuiabá.
The Attorney General's Office was investigating the governor for corruption cases, and Gilmar Mendes called an individual under investigation, who had received authorization from the very branch of government to have his residence raided by the Federal Police. Besides these facts about a figure in the Republic embroiled for years in controversies, acts, and actions reprehensible to many citizens of this country, a series of other actions by this judge occurred, which anyone interested can easily find online. The truth is simple: Gilmar Mendes is not a republican magistrate. He does what he wants, when he wants. Give Gilmar back! Or to hell with Brazil. That's it.
* This is an opinion article, the responsibility of the author, and does not reflect the opinion of Brasil 247.
