Seven political parties request that the Supreme Court investigate Bolsonaro.

By Marcelo Auler, on your blog and for the Journalists for Democracy

Because they believe that Jair Bolsonaro's participation in Sunday's demonstration in front of the Army Command, where the return of AI-5 and the closure of Congress and the Supreme Court were advocated, as well as his recent speeches, are an attack against democracy, the presidents of eight political parties – PCB, PCdoB, PDT, PSB, PSol, PT and Rede – submitted a request this Wednesday (April 22) to Minister Alexandre de Moraes of the Supreme Federal Court, asking that the inquiry (IPL 4828), whose opening he authorized on Tuesday to investigate attacks against democracy, also include the President of the Republic.

In the petition signed by Pedro Ivo de Souza Batista and Laís Alves Garcia (representing REDE), Carlos Roberto Lupi (PDT), Gleisi Helena Hoffmann (PT), Luciana Barbosa de Oliveira Santos (vice-governor of Pernambuco and president of PCdoB), Carlos Roberto Siqueira de Barros (PSB), Juliano Medeiros (PSOL), and Edmilson Silva Costa (PCB), they state that "the speeches and pronouncements of Mr. Jair Messias Bolsonaro repeatedly affront Brazilian democracy and endorse ideas hostile to the institutions of the Republic, which have been invariably replicated by his supporters in the acts that constitute the object of the aforementioned investigation."

They further allege that, "in addition to inciting a large gathering of people in the midst of the new Coronavirus (COVID-19) pandemic – disregarding health guidelines issued by various entities and public authorities – the current President of the Republic not only participated in, but also spoke at, a clearly anti-democratic event held in the Federal District."

They emphasize that Bolsonaro's speech "included words of support for the protesters such as 'we don't want to negotiate anything' and 'I believe in you,' while those present chanted slogans against the President of the Chamber of Deputies, the Supreme Federal Court and its Ministers, and displayed banners calling for the closure of other branches of government and the reestablishment of the infamous AI-5."

They also warn that, on Monday (April 20th), “in an interview given at the gates of the Palácio da Alvorada, the official residence of the President of the Republic, Mr. Jair Messias Bolsonaro, despite having softened his discourse to the detriment of the other branches of government, once again uttered statements that tarnish the Democratic Rule of Law by stating 'he is the Constitution'”. They then add:

"It is worth remembering that this conception of the State, where the Constitution of the Republic takes shape in the Head of the Executive Branch, is widely disseminated in authoritarian constitutional theories, such as that defended by the German jurist Carl Schmitt, or, in the Brazilian experience, the theory of Francisco Campos, author of Institutional Act No. 1, which initiated the Civil-Military Dictatorship of 1964."

Based on this understanding, they argue that "when initiating an inquiry aimed at investigating the participation of Federal Deputies in the aforementioned acts, it is believed to be imperative that Mr. Jair Messias Bolsonaro also be investigated, since his conduct is clearly similar to that of the Deputies possibly under investigation." And they continue:

"In line with what is reported here, the presence of the President of the Republic constitutes an even more serious matter, since it supports and inspires the anti-democratic ideal displayed by the demonstrators, so the investigation in question should be extended to him."

In light of the foregoing, it is requested that this Honorable Reporting Minister forward this Notice of Fact to the Attorney General of the Republic so that he may express his opinion regarding the extension of the investigation procedure initiated by Inquiry 4828 to the conduct perpetrated, on the same occasion, by the President of the Republic, Mr. Jair Messias Bolsonaro, in order to verify the existence of a crime and, if applicable, to seek his accountability.