From the past to the reality of a new PT government.
By José Campos Sobrinho
Three years after the end of his 580-day ordeal in prison, Lula's first commitment, now free and elected president of Brazil, in the federal capital, was to meet with all the ministers of the Supreme Federal Court. Thus, the president, who will take office on January 1st of next year, fulfilled the first promise outlined in one of his government's proposed guidelines: establishing a permanent dialogue with the actors of the Judiciary, respecting its independence, with the aim of stimulating the improvement, at all levels of the justice system, of the prevalence of citizenship and democratic sovereignty.
Following a meeting with ten of the eleven Supreme Court justices on November 09th, Lula had a brief conversation with Justice Alexandre de Moraes. Lula congratulated the Justice on the professionalism of the work carried out by the Superior Electoral Court (TSE). The electoral process for the presidential elections in October and November 2022 is already recognized by all experts as the most contested and tumultuous in the history of the Republic of Brazil. In the eye of the storm, Justice Alexandre de Moraes fulfilled his institutional role perfectly, elevating the Court's discussions and decisions to a new level of civic and institutional legitimacy.
Alexandre de Moraes acted wisely to reconcile viewpoints regarding some differences between criminal matters related to the electoral process and electoral administrative sanctions. Electoral crimes and offenses divide legal scholars into two schools of thought within the legal system. The first advocates that such offenses be included in the penal code, while the second argues that they should be included in electoral law. Those who defend the first position argue that it is better for electoral crimes or offenses to be regulated in the penal code in order to protect citizens from constant changes in electoral law. Others argue that electoral crimes or offenses are not and should not be outside the evolving dynamics of elections.
Another area where the minister stood out, earning him the nickname "Xandão" from a segment of the electorate and the press, was the firmness necessary for the purpose of building a modern representative democracy, offering strong responses to forms of conduct defined as crimes and offenses against the legal system. In this way, he ensured that the elections were free and fair.
In this year's elections, despite a rather adverse and even inhospitable socio-political context, including political-partisan and ideological hostilities, both on social media and in street clashes, it can be said that the institutions of the Justice System emerged stronger. Minister Alexandre de Moraes guided the TSE's decisions according to the principles of freedom and equality, and was invariably followed by the ministers of the STF. There was freedom with accountability and equality before and within the law.
The technological modernization developed years ago by the TSE (Superior Electoral Court), which is an example worldwide, has eliminated the possibility of someone voting on behalf of another voter. The spread of fake news The campaign against media agents who produce and share fake news, as well as raise unfounded suspicions about the electronic voting system, was canceled by the removal of dozens of channels and profiles from social media. Businessmen and politicians accused of coercion, bribery, or offering bribes to voters, employees, and subordinates came under the scrutiny of a Federal Police visit. Obstruction of voting through threats or blocking of highways and roads on election day was quickly classified as a federal crime. Orders imposing criminal sanctions on bus strikes or refusals to provide free transportation for voters also averted the risk of not having an honestly competitive election.
The lesson learned once and for all in this country is that building peace and justice depends on strong and effective institutions. While there was widespread discredit due to the role of a segment of the legal system that acted out of political ambition, as in the case of Operation Lava Jato, Lula's presence at the meeting with the Supreme Court justices restored confidence that people cannot be crushed by a political culture that does not respect the Federal Constitution. That is what the Supreme Court is for. This is how Justice Alexandre de Moraes scored a major victory in the history of the Brazilian electoral process, in his meeting with Lula, elected president for the third time, at the top of the Justice System.