Moraes is worse than a terrible choice. He's a criminal choice.

Political scientist Luis Felipe Miguel points out that the Folha de S.Paulo report on Alexandre de Moraes's nomination "repeatedly plays the Dias Toffoli card"; "Since it's impossible to hide that Alexandre de Moraes's nomination is a mockery, the trick is to say 'it's normal' because Lula did the same. But it's not the same," says Miguel; comparing Moraes and Toffoli, both "a terrible choice," he says, he recalls, however, that "one couldn't say that Toffoli had repeatedly demonstrated disregard for human rights and civil liberties. That he was an enthusiast of police brutality. That he suggested that torture could be a necessary evil"; for him, Moraes "is worse than a terrible choice. It's a criminal choice."

February 07, 2017, 16:22 PMUpdated June 28, 2018, 07:42 pm

Political scientist Luis Felipe Miguel points out that the Folha de S.Paulo report on the nomination of Alexandre de Moraes "repeatedly plays the Dias Toffoli card"; "Since it's impossible to hide that the nomination of Alexandre de Moraes is a mockery, the trick is to say that 'it's normal' because Lula did the same. Except it's not the same," says Miguel; comparing Moraes and Toffoli, both "a terrible choice," he says, he recalls, however, that "one couldn't say that Toffoli had repeatedly demonstrated disregard for human rights and civil liberties. That he was an enthusiast of police brutality. That he suggested that torture could be a necessary evil"; for him, Moraes "is worse than a terrible choice. It's a criminal choice" (Photo: Luis Felipe Miguel)

The Folha newspaper headline is funny: "Temer yields to pressure and nominates Moraes for Supreme Court vacancy." Then, on the front page itself, the text says that "among those who were considered, the Minister of Justice is the closest to Temer." In other words, Temer yielded to pressure... and chose his favorite.

Inside, the newspaper repeatedly plays the Dias Toffoli card. Since it's impossible to hide that Alexandre de Moraes's appointment is a mockery, the strategy is to say that "it's normal" because Lula did the same. Except it's not the same.

Far be it from me to defend the choice of Toffoli for the Supreme Court. Lula, as well as Dilma, generally appointed more conservative people and/or those with strong ties to the traditional political elite, people who wouldn't scare anyone. When he decided to back a name, it was Toffoli, a man without substance or backbone, far below the level required for the position he would occupy. It was a terrible choice.

The problem isn't Toffoli's affiliation with the PT, just as it isn't Moraes' affiliation with the PSDB. Party affiliation is a formality. Lawyers have political positions; there's no point in pretending otherwise.

But it could not be said of Toffoli that he had repeatedly demonstrated disregard for human rights and civil liberties. That he was an enthusiast of police brutality. That he suggested that torture could be a necessary evil. (Not to mention suspicions of illicit enrichment and poorly explained connections with organized crime.)

Toffoli, a devotee of brotherly love, switched sides as soon as he took his seat on the Supreme Court and became what is now a mascot for Gilmar Mendes. Like all his colleagues, he was incapable of fulfilling his duty to protect the Constitution and democracy. In short: it was truly a terrible choice. But Moraes already displays, from now on, disdain for the Constitution, or what remains of it, and loathes democracy. It's worse than a terrible choice. It's a criminal choice.

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