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Davis Sena Filho

Davis Sena Filho is the editor of the blog Palavra Livre.

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The Brazilian Supreme Court (STF) arrests Dirceu and Genoino, throwing the democratic rule of law into the trash.

AP 470 is the biggest legal farce and fraud that Brazil has ever witnessed, and time will prove it and show just how unjust and irresponsible the judges, prosecutors, and media outlets controlled by billionaire magnates can be.

Finally, the defendants in the PT's "mensalão" scandal, convicted at the end of 2012, turned themselves in to be imprisoned after the appeals process. No one fled to escape prison, with the exception of Henrique Pizzolato, as the irresponsible and corporate press, which supported the crimes of the military dictatorship, including torture and murder, speculated. Pizzolato acknowledged his escape and said he hopes to have a chance to prove his innocence in Italy, something he believes did not happen in Brazil.

Newspaper headlines barely disguise the celebration, the rejoicing, while columnists and commentators in the mainstream press are practically popping champagne and celebrating the arrests of José Dirceu, José Genoíno, and Delúbio Soares, among others involved. These are people incarcerated without proven guilt, by conservative judges, politicians, and those eager for fame and the spotlight, because they are extremely vain, with airs of celebrities and people willing to pose, as if they were taking photos for a gossip magazine or a celebrity TV show.

In turn, falsely moralistic and politically conservative Supreme Court justices, such as Gilmar Mendes and Marco Aurélio de Mello, granted habeas corpus to extremely wealthy criminals, like the banker Salvatore Cacciola and the doctor Roger Abdalmessih. Reginaldo Pereira Galvão, nicknamed "Taradão" (meaning "the pervert"), was also released by the Supreme Court. This person is the mastermind behind the summary execution of the American missionary, Dorothy Stang.

Another emblematic case related to the Supreme Court's decisions is the Unaí massacre. Four labor inspectors and their driver were murdered on the orders of the brothers and ranchers Antério and Norberto Mânica, considered the "kings of beans." The inspectors were investigating slave labor in the region and were killed in an ambush that drew national attention.

To this day, the two mega-businessmen remain free, unpunished, and continuing their business and political activities, including running for elections, winning them, and occupying the mayor's seat in Unaí, as was the case with Antério. This is the Supreme Federal Court (STF), which releases people accused by witnesses of committing a bloodbath against federal public servants, allowing them to fulfill their obligations, as they were inherent to the positions they held.

Daniel Dantas — also a banker — obtained two habeas corpus orders to get out of prison in a very short time, a fact that must undoubtedly be a world record, currently held by Judge Gilmar Mendes. Any surprise? Of course not. The bourgeoisie has always been intimately connected with the Court, and most of its members, historically, are children of the ruling class, with a strong sense of class and contempt for the equality of men and women before the law.

The Brazilian Supreme Court (STF), presided over by Justice Joaquim Barbosa, added another "P" to the list of "P's" used to describe the Brazilian Judiciary: poor, black, and prostitute. Now we have a fourth "P" to "debut": the "P" for PT supporter (PT). Now it's like this in Brazil: poor people, black people, prostitutes, and PT supporters are imprisoned, while the bourgeoisie and its spokespeople continue to whip those who dare to speak out or act politically against the interests of the rich, the very rich, the ruling classes, the business corporations, and the governments of imperialist countries.

Joaquim Barbosa will receive his share from the Brazilian right wing, and perhaps he will run for President of the Republic. Let him come... Welcome to the political struggle, which takes place on the ground and not on the elevated platform of your golden throne as an appointed judge, whose attitudes, actions, and conduct cannot be concretely questioned because of the power of your current position.

Therefore, I advocate that Supreme Court justices be elected by popular vote. Joaquim, as a candidate, becomes a mere mortal whose life will be analyzed and investigated, and no amount of Luciano Huck, Rede Globo, a house in Miami, political interests, or personal vanity will prevent this arbitrary and manipulative judge from truly being the one to testify. A large part of society is waiting to see the magistrate address the PSDB's mensalão scandal and the PSDB's privatization scandal, as well as the "prince of privatization," if he doesn't renounce being a political judge to become a judge who is only political.

His actions are also expected regarding the billion-dollar scandals involving Alstom and Siemens. Perhaps the Attorney General, Rodrigo Janot, will not follow the tortuous and clearly devious path of the administration of the prevaricating right-wing politician, Roberto Gurgel, who currently enjoys the benefits of his retirement, while his reactionary image slumbers in the dust of oblivion.

For 20 years, PSDB politicians have been up to no good in São Paulo. It's a most foul-smelling black box, and the PT mayor, Fernando Haddad, has begun to clean it up at the municipal level. Because of this, he is already facing fierce opposition from the bourgeois press, which has been allied with the PSDB since 1988, when this conservative party was founded and took the place of the DEM, the heir to the UDN, Arena, PDS, and PFL parties, but a historical ally of the PSDB.

The Brazilian judiciary is the worst branch of government in this country. It's the most prone to privilege, the one that reacted most strongly to the Nepotism Law and the mini-reform of the branch itself. It tried to sabotage the recommendations and denunciations of the National Council of Justice (CNJ), because its purpose is to maintain privileges and protect judges who commit illegalities and irregularities.

Furthermore, the Supreme Federal Court (STF) inadvertently interferes in matters of the other branches of government because it engages in politics, since some of its judges speak more than a television presenter, after all, it is partisan, ideological, and fighting against the re-election of the Labor Party president Dilma Rousseff. These facts are as visible and clear as the crystal-clear waters of the beaches of Northeast Brazil.

Most of the Supreme Court justices have torn up the Constitution and the Penal Code, and the democratic rule of law has become nothing more than a gloomy and degraded landscape dominated by men who decide the fate of people outside the bounds of procedural law. No country deserves judges like Gilmar Mendes, Luiz Fux, Joaquim Barbosa, and Marco Aurélio de Mello, not to mention others, including some who have retired, because it's not worth remembering such overseers of the system.

The four are extremely vain, cunning, and authoritarian, and they have capitalized on the easy fame and cynical, false flattery of the owners of the right-wing press, who attempt to set the country's agenda and govern in place of the elected officials. This is a coup-plotting press that never ceases to conspire against labor leaders, a practice dating back to the time of statesman Getúlio Dornelles Vargas.

They allied themselves with the political interests of the bourgeoisie and do not work in an equitable manner to ensure that crimes committed by influential businessmen and politicians from the PSDB party are actually judged. The Brazilian right wing, both business and political, has been defeated in three elections and, to mitigate its political and administrative incompetence, surely relies on the systematic intervention of the Judiciary and the Public Prosecutor's Office in Brazilian politics.

The Judiciary never cuts its own flesh. Judges, when punished, receive full salaries; they are unaware of Brazilian realities, much less the needs of the people who pay them high salaries and support their stable careers, imbued with status and arrogance.

It is imperative that there be a complete and comprehensive reform of the Judiciary, because after innocent people were imprisoned through the theory of command responsibility, Brazilian citizens were left at the mercy of judges who behave like politicians and determine their judicial actions according to their political, ideological, and partisan interests.

The theory of command responsibility was questioned by the German jurist Claus Roxin, a specialist who refined the theory created to judge the Nazis in World War II and used at will by conservative judges of the Brazilian Supreme Court. According to Roxin, the defendants in Criminal Action 470, known as the "mensalão" scandal involving the Workers' Party (PT), had their defenses prejudiced because a person cannot be considered guilty and, consequently, sentenced to prison simply because they held a leadership position and were presumably obligated to know what all their subordinates were doing.

The Constitution and codes of this country do not allow such casuistry, such affronts to civil rights, which would allow the constituted authorities to become true dictators and, in turn, act in an anti-democratic, perverse, and undoubtedly political manner, which is why the defeated right-wing parties and their allies who control the Judiciary and the Public Prosecutor's Office are fighting against it.

Claus Roxin stated: "The notion that only the position held serves to indicate authorship of the crime is incorrect. Whoever occupies a position of command must have, in fact, issued the order. And this must be proven." The jurist also condemned trials held under "oppressive publicity," as happened in Brazil. It seems he has no idea that just a handful of billionaire "media" families are turning this country into a hell.

They want to make people believe that Brazil is the worst place in the world, lowering the self-esteem of Brazilians, in addition to cartelizing a segment of the economy whose monopoly is private, even though it is a public concession, because this country has not yet implemented a regulatory framework for the media, whose project has been sitting in some dusty drawer of the Ministry of Communications for years.

For this reason, and because of this, media owners without mandates granted by the people boldly conspire against governments, even more so if the rulers are from the labor and socialist camps. The impunity of the occupants of the Big House is total, as if it were an inherited, blood right. Because this happens and is so, the billionaire media magnates consider themselves strong enough to conspire and, perhaps, repeat, for their delights and pleasures, the civil-military coup of 1964 in the 21st century.

I would like to be a fortune teller for a moment to know if, perhaps, the opposition prosecutors and judges are truly republicans and, in turn, willing to implement the theory of command responsibility in the cases of José Serra, Geraldo Alckmin, Eduardo Azeredo, Fernando Henrique Cardoso (Tucano Privatization and the purchase of reelection), among many others.

The PSDB's mensalão scandal dates back to 1998, while the PT's is from 2005. However, the process was intentionally split, the number of witnesses increased exponentially, their addresses are not correctly registered, and therefore, among many other things, the trial of the PSDB defendants has not even been scheduled to begin. The Brazilian Judiciary is the herald of the Socratic adage "one weight, two measures".

This power structure is composed of men and women full of professional and character flaws and defects, as are all societies, humanity, and its choices for good or evil. However, humanity protects and safeguards itself, and that is why it creates ethical and moral codes that become law.

Judges are public servants of the law. They execute it, and therefore their mistakes and crimes must be commensurate with their actions and positions, and they should be removed from office. When a public official of such importance errs for base, infamous, and unconfessable reasons, they must be promptly questioned and denounced, because judges deal with issues related to social conflicts and therefore must be removed from office, face legal proceedings, and, if found guilty, severely punished according to the law.

The so-called "mensalão" scandal, the one involving the PT (Workers' Party), because there's also the "mensalão" scandal involving the PSDB (Brazilian Social Democracy Party) in Minas Gerais and the "mensalão" scandal involving the purchase of votes for the reelection of Fernando Henrique Cardoso — the Neoliberal I — that politician who was president, sold Brazil, and bankrupted it three times because he went to the IMF three times begging for handouts, on his knees with a begging bowl in his hands.

AP 470 is the biggest legal farce and fraud that Brazil has ever witnessed, and time will prove it and show how unjust and irresponsible the judges, prosecutors, the media controlled by billionaire magnates, and the reactionary, right-wing segment of the population can be—the right-wing quartet that fights tooth and nail to prevent the PT's and the Workers' Party government's development project from succeeding and being victorious, despite the three consecutive elections won by the Workers' Party candidates.

Pre-trial detentions without evidence and arbitrary arrests are a crime against citizenship, the laws of the country, and the democratic rule of law. The "mensalão" scandal is a political and partisan process used as a political weapon by an electorally defeated bourgeoisie that had to resort to its last bastions, which are the Supreme Federal Court (STF) and the Attorney General's Office (PGR), which, together with the billionaire magnates of the corporate press, have become political parties that systematically sabotage and boycott labor governments.

These are institutions dominated by a social caste that carries out chicanery and deception, such as the "mensalão" scandal, which is why these two republican institutions belong to the Brazilian people and not to robed public servants committed to the capitalist system and who provide political support to right-wing parties, which have not controlled the Presidency of the Republic for 11 years, having been soundly defeated in the last three elections.

The Supreme Court and the Attorney General's Office have transformed into partisan groups dominated by ideologically right-wing judges and prosecutors, fundamentally political opportunists, who, during the course of the process, disregarded the veracity of the facts and evidence and decided, through a casuistic instrument, to accuse, judge, and imprison people with a historical past and great political importance.

The purpose is to deconstruct the PT (Workers' Party) and destroy the image and reputation of the men who, in 2003, defeated through popular vote the bourgeoisie, heirs of slavery, dreaming of occupying the Presidency of the Republic for another 500 years, and characterized by freezing their ideological hatred and class intolerance in the freezer.

A significant portion of Brazilian society is closely watching the actions of the Supreme Federal Court (STF) and awaiting the application of the theory of command responsibility in other notorious corruption cases, including Globo's R$ 1 billion tax evasion in 2002, because the mainstream media will continue to be blind, mute, and deaf.

Now in Brazil, the accused has to prove their innocence, and the accuser no longer needs to present evidence. The Supreme Court has thrown the democratic rule of law into the trash and urgently needs to be occupied by the people to return to being republican and law-abiding. That's it.

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