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Victor Vasconcelos

Victor Vasconcelos, journalist and editor of the blog Sem Barreiras (sembarreiras.jor.br)

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Sérgio Moro is the Global Frankenstein, version 2.0.

Globo Network created a monster. From the dungeons of Projac, the mad scientists of the Marinho family pressed a button and said: "Speak." Thus was born Sérgio Fernando Moro.

I live (Photo: Victor Vasconcelos)

Globo Network created a monster. From the dungeons of Projac, the mad scientists of the Marinho family pressed a button and said: "Speak." Thus was born Sérgio Fernando Moro. This global Frankenstein is, in fact, version 2.0, that is, an improved, enhanced, and undeniably more destructive version than the prototype created in 2005, Joaquim Barbosa. Back then, the Minister of the Supreme Federal Court had a clear mission: to harm Lula's reelection by criminalizing the PT in Criminal Action 470, the Mensalão scandal. To do this, he ignored the same crime committed seven years earlier, the PSDB's Mensalão scandal in Minas Gerais. For this one, he sent it to the first instance court, since the defendants did not have privileged jurisdiction. For those, all the force and cruelty of the Law. José Dirceu and José Genoíno, to mention the most famous, did not have the right to privileged jurisdiction, but were judged by the STF. Joaquim Barbosa conducted the entire process with the clear intention of convicting them and putting them behind bars.

JB's objective, as the "poor boy who changed Brazil" according to Veja magazine's cover, was partially fulfilled. Dirceu and Genoíno were convicted and imprisoned, the PT was stigmatized in the media as the party responsible "for the biggest corruption crime in the country's history," but Lula was re-elected. Mission accomplished, the eminent minister lost relevance and resigned his seat on the Supreme Court, disappearing from the media spotlight. Globo then had almost a decade to learn from its partial victory. During this period, it prepared the emergence of the second version, and this one had to succeed. Sérgio Moro was elevated to the status of unanimous support and national hero through the same strategies as his predecessor. He received the Faz Diferença award and began to be treated by the media in general as an incorruptible, serious, and prepared judge. They presented to the country the Italian Operation Mani Pulite (Clean Hands), which aimed to clarify cases of corruption during the 1990s (from 1992 to 1996) following the Banco Ambrosiano scandal, revealed in 1982, which implicated the Mafia, the Vatican Bank, and a Masonic lodge.

Sérgio Moro would be responsible for the Brazilian Clean Hands operation. Operation Lava Jato began in March 2014 with the objective of investigating a money laundering and bribery scheme at Petrobras, involving directors, contractors, and politicians. As the work progressed, the task force created for the case, composed of fourteen federal prosecutors and led by the first-instance federal judge, Sérgio Moro, shifted its focus to target the Workers' Party. It was Dilma Rousseff's reelection year, and the Brazilian plutocracy could not allow another four years of the Workers' Party in charge of the country's destiny. Under the guise of impartiality and the imperative need to combat corruption, the task force resorted to illegal techniques, such as leaking confidential testimonies to the press, coercive detentions, mass preventive arrests, and plea bargains in exchange for reduced sentences and even parole. Sérgio Moro assumed the role of head of the investigation and judge in the case; that is, he determined the suspects, issued preventive arrest warrants, conducted interrogations, and handed down convictions, all while the media remained complicitly silent.

The scheme was dismantled, and high-ranking political and business figures were imprisoned. However, not even all the media support and support from sectors of society managed to rid Operation Lava Jato of its aura of bias and political influence. The selective leaks are, in the overwhelming majority, from people in the PT (Workers' Party). Senator Aécio Neves, for example, was the target of seven plea bargains, but all of them were suppressed and hidden. Recently, former Senator Sérgio Machado had telephone conversations leaked in which he made serious accusations against people in Michel Temer's government, and Temer himself, and, once again, the case fell into oblivion. Sérgio Moro ordered the coercive detention of former President Lula for questioning, blatantly violating the Brazilian Code of Criminal Procedure, since Lula had never been summoned. According to article 218 of the CPP, such detention is only authorized in cases of refusal to appear before the police authority, which was not the case here. There, Sérgio Moro committed the vilest of political acts, that of humiliating a human being, because the friendly media was, in full force, prepared to cover Lula's trial.

The global Frankenstein went even further. José Dirceu was serving his sentence under an open regime in Brasília for the AP 470 case and, having been mentioned by one of the informants, was taken to Paraná for questioning. He was held in the Federal Police jail for about nine months before being heard. Naturally, he was convicted in the first instance and remains imprisoned. Guido Mantega, former Finance Minister under Lula and Dilma, was taken from the hospital where he was accompanying his wife, who was ill with cancer. The judge even authorized the wiretapping of Lula's phone, capturing a conversation between him and then-President Dilma, and instead of destroying the recording, as required by law, he released it to the press, claiming it was in the public interest. Sérgio Moro does what he wants, without concern for laws or codes. In August, he participated in a hearing in the Chamber of Deputies and defended the use of illegally obtained evidence in judicial proceedings, if obtained in "good faith." According to him, "Operation Lava Jato is an exceptional situation and requires exceptional measures."

The questions that remain are: where will we end up if we start relativizing the laws, considering whether or not we should obey them? Lava Jato investigates corruption cases, but if the investigation were the Carandiru massacre, would it also deserve "exceptional measures"? What makes one operation more important than another? Who decides that? What are the consequences of setting this precedent? Do we have the right to expose the average citizen to the interpretation of judges and prosecutors of what is or is not an exceptional operation? How to defend oneself against a false accusation, based on illegal evidence, but obtained thanks to the concept of good faith? Who guarantees that the person really acted in good faith? "The road to hell is paved with good intentions," as popular wisdom teaches us. At least, here in Fortaleza. Perhaps in Curitiba, they don't know this saying.

The peak of the dangerous and worrying actions of the "Curitiba boys," as the prosecutors of the Task Force are called, was the submission to Congress of the Ten Anti-Corruption Measures. Generated and conceived by the Federal Public Prosecutor's Office, the measures aimed at increasing penalties for corruption and providing greater flexibility for legal agents to carry out coercive detentions and preventive arrests. The Bill was approved by the Chamber of Deputies on the evening of the 30th, with several modifications. Of the ten measures, six were rejected. One of the articles of the Bill, which is now going to the Senate for a vote, provides for the accountability of judges and prosecutors for crimes of abuse of authority. At this point, we enter delicate and mined territory. The head of the MPF Task Force, Deltan Dallagnol, went to the microphones and delivered heavy criticism of the National Congress for this article, in addition to lobbying deputies and the rapporteur of the Bill. The Lava Jato prosecutor, Carlos Fernando dos Santos, went even further. He threatened a collective resignation of the prosecutors if the bill is approved and signed into law by President Michel Temer.

On the afternoon of December 1st, Sérgio Moro and Supreme Court Justice Gilmar Mendes participated in a debate session in the Federal Senate regarding the measures and, especially, the article concerning abuse of authority. Moro was emphatic in stating that the measure aimed to weaken Lava Jato. "It is clear to me that the attitude of the congressmen is to boycott the Operation and punish me," he stated. Senator Lindbergh Farias (PT-RJ) countered the magistrate and cited all the examples of abuse committed by him, already mentioned in this text. "No one is above the law, Mr. Judge, neither you nor we, senators," he said. Gilmar Mendes, who had already publicly criticized Sérgio Moro on several occasions, echoed Lindbergh's criticisms. He asked what was the appropriate time to approve the abuse of authority law, given that it had been under consideration for seven years. "Should we seek a sabbatical year from Operations to approve this measure?" Gilmar also stated that "Lava Jato did not need a special license to operate, as the existing instruments are more than sufficient."

Gilmar Mendes' criticisms are not absurd, on the contrary, but they are also not surprising. We all know his close ties to the PSDB party, and Lava Jato has been receiving increasingly heavy criticism from the public for not targeting any of the party's top leaders, even though their names have surfaced in several plea bargains. José Serra, Aécio Neves, and Geraldo Alckmin have been mentioned, but never indicted. Furthermore, Temer's situation is becoming untenable, and his downfall at the beginning of next year is almost certain. With it would come indirect elections, and Fernando Henrique Cardoso's name is mentioned in almost every corridor of the National Congress. It's the so-called coup within a coup, that is, "we remove Dilma and then Temer." What is striking is the personal commitment of Moro and Dallagnol to block the law on abuse of authority. Again, this is not surprising, as they are concerned about the consequences of their actions. Dallagnol, for example, is the author of the famous and ridiculous "PowerPoint accusation," in which he labeled Lula the "supreme head of the bribery scheme." He simply forgot to present any evidence for this accusation.

What's become of our country! A lawless land, a brothel without a madam, and the people being brutally beaten in front of Congress. Sérgio Moro now announces he will spend a year studying in the United States. After creating a legal mess in the country, contributing to the parliamentary coup against Dilma, destroying the shipbuilding and construction industries, and causing irreparable financial losses to public coffers, the Frankenstein of Rede Globo, version 2.0, simply packs his bags, takes his beautiful wife, and goes to enjoy his well-deserved vacation in Uncle Sam's land. Any resemblance to Joaquim Barbosa's strategic exit? Moro is losing his usefulness, just like Barbosa and Eduardo Cunha. And so the band plays on until the need arises for a version 3.0 or until someone with enough courage emerges to put an end to the laboratory of horrors located at Estrada dos Bandeirantes, 6900, Jacarepaguá.

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