Daniel Samam avatar

Daniel Samam

Daniel Samam is a musician, educator, and editor of the Blog de Canhota. He is the coordinator of the Celso Furtado Nucleus (PT-RJ), a member of the Casa Grande Institute (ICG), and a member of the National Culture Collective of the Workers' Party (PT).

140 Articles

HOME > blog

For now, the Democratic Rule of Law prevails.

Anyone who believes that the Supreme Federal Court's decision, restoring Congress's prerogative over the removal of parliamentarians from office, was wrong because they believe it was intended to protect Senator Aécio Neves, has either failed to grasp the gravity of the current situation or has no commitment whatsoever to the democratic rule of law.

Aécio Neves speaks in the Senate 04/07/2017 REUTERS/Ueslei Marcelino (Photo: Daniel Samam)

They constantly try, from both the left and the right, to manipulate public opinion by saying that anyone who opposes judicial arbitrariness is automatically in favor of corruption.

Anyone who thinks that the decision of the Supreme Federal Court (STF) last Wednesday (11), restoring the preference of Congress over the removal of parliamentarians from office, was wrong, understanding that this was intended to protect the PSDB senator Aécio Neves, has not understood the seriousness of the current situation or has no commitment whatsoever to the Democratic Rule of Law.

The Supreme Federal Court (STF) took this position because, firstly, the Constitution is clear: a member of parliament cannot be removed from office without authorization from Congress. Secondly, because the highest court in the country was facing an unprecedented institutional crisis.

If Aécio committed crimes, let him be judged within due process of law, respecting the presumption of innocence and the right to a fair hearing. If, at the end of the process, he is convicted, then yes, let him be imprisoned. We, who defend a just and egalitarian society, must hold accountable those who waver in the face of abuse and those who flirt with arbitrariness.

The majority of the plenary opted to restore constitutional normality, even at the cost of inconsistency with previous rulings.

The Brazilian Supreme Court (STF) "invented" legislation, aligning itself with the exceptional environment established by Lava Jato. The arbitrariness of the operation's judges in ordering unnecessary arrests became commonplace. The consequences of this wave of arbitrariness were felt in all their magnitude with the suicide of the former rector of the Federal University of Santa Catarina (UFSC), 15 days ago, a fact that received less media coverage than it deserved.

The escalation of authoritarianism, now with explicit censorship of the arts, compels us to unite all those who stand for individual freedoms and guarantees. Wednesday's ruling was a defeat for arbitrariness, for the criminalization of politics and politicians. In other words, a defeat for the anti-national alliance, primarily Rede Globo and sectors of the state bureaucracy and technocracy (Public Prosecutor's Office, Federal Police, and sectors of the Judiciary). Politics and the Democratic Rule of Law prevailed.

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