Institute of Criminal Sciences condemns Moraes in the Supreme Court.

247 - The Brazilian Institute of Criminal Sciences condemned in a statement the nomination of Alexandre de Moraes to the Supreme Federal Court. According to the institute, the nomination "exceeds all acceptable limits of the political character expected of any constitutional court."

The IBCC statement condemns several of Moraes' actions, such as his violent management of the Military Police when he was Secretary of Public Security of São Paulo, going against the global trend on the issue of drugs, his commitment to the Michel Temer government, which has six ministers cited in Lava Jato, in addition to the president himself, and also the accusations of plagiarism against his academic work.

Read the full text:

PUBLIC STATEMENT REGARDING THE NOMINATION OF ALEXANDRE DE MORAES TO THE SUPREME COURT

Aligned with the critical tradition of criminal sciences, IBCCrim has always
questioned the axiom of the political neutrality of law and judicial institutions, which in
The scope of criminal justice allows police, prosecutors, and the judiciary to act with...
Selectivity and arbitrariness against the most vulnerable sectors of society. Precisely.
It is through understanding this political trend in law and justice that the Institute has always...
positioned itself in favor of legislative reforms and procedural practices that, recognizing the
The political nature of the law and its application sought to redress inequalities and
that they preserve due process, fundamental freedoms, and effective justice.
judicial independence.

This also applies, and especially so, to the Supreme Federal Court, the highest court.
The judicial and constitutional court of the country. It is naive to expect the Supreme Court to be politically aligned.
neutral, in relation to the mechanisms for recruiting and appointing its ministers to office.
and the nature of the issues submitted to them. The nomination of Alexandre de Moraes for the
The vacancy left by the death of Teori Zavascki in the Supreme Court, however, goes beyond all limits.
acceptable aspects of the political character expected of any constitutional court.

First and foremost, because of the ideas and theses that Moraes defends and represents.
As Secretary of Public Security for the state of São Paulo, he adopted repressive practices.
authoritarian and complicit in police violence. Under her administration, nothing was done to curb it.
The increasing rates of police lethality, the number of massacres has risen, and the Secretariat
She was accused by human rights organizations and the press of altering and omitting information.
official statistics.

It was also during his administration that the Military Police violently repressed
High school students in legitimate democratic mobilization. Moraes even went so far as to challenge the
The judiciary, in this matter, admittedly failed to comply with a court order to...
that the Military Police's Shock Troops leave the building of the Paula Souza Center, an institution of the network.
A state technical education building in the capital of São Paulo, occupied by students in 2016. Before that.
Upon leaving the Public Security Secretariat, Moraes prepared a consultation with the Attorney General's Office.
from the State regarding the possibility of the Executive Branch directly carrying out the repossession.
of public buildings occupied by political movements, with the use of police force and
without resorting to the Judiciary. With a positive opinion from the Attorney General, the Military Police began the...
the clearing of state technical schools that are still occupied, in violation of the Constitution, in

same day that Moraes took over the Ministry of Justice and announced his willingness to
to suppress the social movements that were protesting throughout the country at that time.
As Minister of Justice, Moraes went against the broad consensus.
a global movement that is progressively taking shape through the decriminalization of drugs, and announced the
The goal – admittedly unattainable and costly in terms of lives and financial resources – of eradicating
Latin American marijuana. Shortly after reallocating resources from the Fund.
The prison system, intended for investment in repressive policies, witnessed earlier this year the...
the biggest crisis in the prison system since the Carandiru massacre in 1992, to which it responded
with a security plan full of demonstrably flawed solutions and with the
Unconstitutional use of the Armed Forces to control prison riots. With the
outbreak of a new public security crisis, this time in Espírito Santo, Moraes
He showed disregard by taking leave from the Ministry of Justice to carry out, in a blatant manner –
including because it blatantly violates the constitutional rules that govern
A public hearing with proper ritual - his campaign for a seat on the Supreme Court.

As if these undeniable facts demonstrating views and practices of were not enough
Criminal and human rights policies that are contrary to the Constitution and the Democratic State.
In terms of law, doubts still linger about Moraes that would justify, at the very least, a postponement.
from his confirmation hearing and nomination, for a better clarification of the facts – if not the withdrawal of
your recommendation.

The first of these doubts concerns the interests of a government.
highly implicated in a noisy criminal investigation, which is even being processed in the Supreme Federal Court, in ter
a member of his political inner circle with a seat on the Court.

The second question concerns the accusations of academic misconduct and
to suspicions about the quality of the scientific output he produced in his career
meteoric.

Therefore, given the mismatch between their practices and ideas and the principles
constitutional and democratic principles, as well as doubts about their legal knowledge and their
Given its reputation, the Brazilian Institute of Criminal Sciences vehemently repudiates the nomination.
Alexandre de Moraes is being appointed to the Supreme Federal Court, and is calling on society.
The Brazilian legal community is invited to engage in a broad debate on selection mechanisms.
Regarding the people nominated to serve as ministers of the Supreme Federal Court and their meanings.
politically democratic bodies that must assume their role as a constitutional court.

Brazilian Institute of Criminal Sciences