Celso de Mello opens investigation at the Supreme Court against Jair Bolsonaro.

247 - Justice Celso de Mello, the most senior member of the Supreme Federal Court, has authorized the opening of an investigation into the statements made by former Justice Minister Sérgio Moro against Jair Bolsonaro. 

A report from the newspaper O Estado de S. Paulo It emphasizes that "the objective is to determine whether the crimes of ideological falsehood, coercion in the course of the process, administrative advocacy, prevarication, obstruction of justice, privileged passive corruption, malicious denunciation, and crimes against honor were committed."

The article also reports that "members of the Federal Public Prosecutor's Office (MPF) point out that, since Aras asked the Supreme Court to investigate the crime of false accusation and defamation, the inquiry could turn against Moro if the investigations do not confirm the accusations."

Read also the report from Conjur about the subject:

The President of the Republic must be subject to the legal and political consequences of his own actions and behavior. The President of the Republic—who is also subject to the laws, like any other citizen of this country—is not exempt from criminal liability arising from the acts he has committed. 

With this understanding, Justice Celso de Mello of the Supreme Federal Court authorized the opening of an investigation to examine the statements made by former federal judge Sergio Moro when announcing his resignation from the Ministry of Justice.

In Monday's decision (April 27), the minister decided to open an inquiry into the conduct of Moro and President Jair Bolsonaro. The reasoning is aimed at removing any obstacle to the investigation of the President of the Republic. In other words, the president can be held criminally liable for acts related to the exercise of his function, and the 2/3 quorum of the Chamber of Deputies is only required to open a legal action against the president, not for a police investigation.

On Friday (April 24), Moro stated that Bolsonaro dismissed the director of the Federal Police, Maurício Valeixo, because he wanted to have someone from his "personal circle [in the Federal Police] to be able to call and gather intelligence reports." "The president told me that he had concerns about investigations at the Supreme Court, and that the change [in the command of the Federal Police] would be opportune for that reason, which generates great concern," said the former judge.

The senior justice's decision upholds a request from the Attorney General of the Republic, Augusto Aras. Celso de Mello understood that the crimes allegedly committed by Jair Bolsonaro, as described by Moro, may be connected to the exercise of his presidential mandate. According to the senior justice, these are circumstances that confer full constitutional legitimacy to the investigative procedure.

The minister also grants the Federal Police a 60-day period to carry out an investigation, thus summoning former minister Sérgio Moro to comply with the request made by the agency.

Request from the Attorney General's Office

According to the Attorney General's Office, Moro's statements could result in at least eight charges: falsification of documents, coercion during legal proceedings, administrative misconduct, prevarication, obstruction of justice, privileged passive corruption, false accusation, and defamation.

"The magnitude of the narrated episodes reveals the declaration by a Minister of State of acts that would reveal the practice of illegalities, attributing their practice to the President of the Republic, which, on the other hand, could also characterize the crime of false accusation," points out the Attorney General.

Experts consulted by ConJur state that Moro's declarations, in theory, could lead to President Jair Bolsonaro facing impeachment proceedings and criminal charges for crimes of responsibility and common offenses.

Moro's statements prompted the filing of a criminal complaint against the president with the Supreme Court on Friday (April 24). In the Chamber of Deputies, by the end of the weekend, there were 29 impeachment requests left to be considered by the president, federal deputy Rodrigo Maia. Three of them were filed after the former minister's press conference.