Singer asks the dean of the Supreme Court for calm.
"Hopefully Celso de Mello will have the wisdom to allow the suspicions about the progress of the process to dissipate with a review of the doubtful points," says the former spokesperson for Lula's first government.
247 - Journalist André Singer, former spokesperson in the Lula administration, proposes in an article published this Saturday in Folha de S.Paulo that Celso de Mello should exercise serenity to judge the issue of the dissenting opinions impartially. Read below:
Detoxify the environment
André Singer
The decision that the Supreme Federal Court (STF) will make next Wednesday, regarding the admissibility of appeals for reconsideration, is relevant not only for its obvious legal consequences, but also because it will influence the degree of toxicity of the political game in the coming years.
It's not just about immediate gains and losses for the major parties, but about whether it will be possible to dispel the shadow of coup-like maneuvers that, in Brazil, stubbornly loom over the legitimate and necessary clash of interests and positions.
The way in which the first—and perhaps only—phase of the trial in criminal case 470 was conducted ended up raising doubts about the impartiality of the procedures adopted. Under the leadership of Joaquim Barbosa, a rapporteur who cultivated an image of being passionate about exemplary punishment, the sentences seemed designed not to deliver justice, but to produce a spectacular effect. For example, photos of former minister and former PT president José Dirceu being taken to prison where he would remain for one year and nine months.
It is worth remembering the circumstances that, almost a year ago, led to Dirceu's conviction for forming a criminal gang (which would result in imprisonment in a closed regime). In a plenary session with one member less, almost half of the ministers voted against the measure (Cármen Lúcia, Rosa Weber, Ricardo Lewandowski and Dias Toffoli). Cármen Lúcia argued that one could not compare Lampião and his group, a typical criminal gang, to what allegedly occurred during the so-called mensalão scandal.
It can be said that Lewandowski and Toffoli have always formed the core of the court that sympathizes with the argument that there were irregularities in the conduct of the proceedings aimed at producing excessive sentences (just as, on the other side, there was a punitive wing). But Rosa Weber and Cármen Lúcia did not align themselves. The fact that both understood that there was no criminal organization in Dirceu's case reinforces the need to review the issue.
The Brazilian Supreme Court is divided, just like Brazilian society. One could argue that, in a way, the division within the court reflects that of society. There are justices sympathetic to the popular camp and others who espouse positions dear to the opposition. This division, besides being inevitable, is beneficial. In a democracy there is permanent conflict, and from it freedom is born.
However, care must be taken to ensure that the dispute does not degenerate into a life-or-death struggle, as this poisons the atmosphere and opens the way for violence. Hopefully, Celso de Mello will have the wisdom to allow suspicions about the process to dissipate with a review of the doubtful points.