Mark NadiloMoraes: How Alexandre de Moraes Used the TSE to Investigate Bolsonaro Allies at the STF. Recently, Folha de S.Paulo revealed a scandal involving Minister Alexandre de Moraes, who allegedly used the Superior Electoral Court (TSE) as an unofficial investigative arm for the Supreme Federal Court (STF). Messages obtained by the report show how Moraes, then president of the TSE, ordered the production of reports on Bolsonaro supporters to support decisions in the fake news inquiry, raising concerns about the legality and procedures involved.
Revelations
According to the messages obtained by Folha, Moraes’ office at the STF allegedly used unofficial channels to request reports from the TSE during and after the 2022 elections. These reports were purportedly used to support measures against Jair Bolsonaro’s allies in the fake news inquiry. This investigation was originally opened to examine fraudulent news and threats directed at the Court and its members.
The messages, exchanged from August 2022 to May 2023 via WhatsApp between investigative judge Airton Vieira, TSE expert Eduardo Tagliaferro, and other advisors to Moraes, reveal a communication flow that deviated from official court routines and raised questions about the legality of these practices.
Messages and Irregular Procedures
Among the revelations are informal requests by Moraes for the production of detailed reports on public figures aligned with Bolsonaro, such as Rodrigo Constantino and Paulo Figueiredo. The messages show that, in some cases, the material produced by the TSE was directly used to support Moraes’ decisions, including blocking social media accounts and canceling passports.
For example, on December 28, 2022, Moraes requested additional reports on Constantino and Figueiredo, even though the election campaign had ended. The messages indicate that Moraes was dissatisfied with delays and pressured his advisors to obtain information more quickly.
Repercussions and Criticisms
Moraes’ actions at the TSE and STF have been criticized since the beginning of the fake news inquiry. Jurists and politicians have questioned the legality of the operation, noting that using TSE reports for STF investigations may have violated protocols and legal principles. Additionally, the lack of transparency and the use of unofficial channels raise doubts about the impartiality and legality of the measures taken.
The controversial fake news inquiry, initiated in March 2019 by Minister Dias Toffoli, was supported by Moraes and became prominent for its scope and controversy. This measure has been widely criticized for its ex officio approach and the lack of involvement of the Public Prosecutor’s Office and the Federal Police in the decisions.
Reactions and Developments
Folha’s report also reveals that, on several occasions, Moraes’ advisors expressed concerns about the legal implications and validity of the reports produced outside official procedures. This situation has led to internal discussions about the legality and integrity of the collected evidence.
With recent international attention, including criticism from figures such as Elon Musk and US Congress committees, Moraes’ actions continue to be a hotly debated topic. The case highlights the complexities and potential flaws in the Brazilian judicial and electoral system.
Description of the Suspicion
Use of Unofficial Channels:
The main suspicion is that Alexandre de Moraes, while serving as President of the TSE and STF minister, allegedly used unofficial channels to obtain reports and information. Instead of following legal procedures and official routines, Moraes reportedly used informal communications to access sensitive information about Jair Bolsonaro’s allies. This deviation raises concerns about transparency and adherence to judicial and electoral protocols.
Production of Reports:
Moraes is accused of requesting detailed reports on individuals linked to Jair Bolsonaro, including public figures and supporters. These reports were used to justify actions such as blocking social media accounts and canceling passports. The suspicion is that these documents did not follow normal collection and analysis procedures, potentially compromising the decisions based on them.
Pressure for Information:
Moraes is also accused of pressuring his advisors to obtain information quickly, even after the electoral period had ended. This behavior is viewed as an attempt to expedite data collection and influence judicial decisions, raising questions about the impartiality and legality of Moraes’ actions.
Transparency and Legality:
The lack of transparency in the process and the use of unofficial methods for information collection have generated significant criticism. Legal experts and politicians question Moraes’ actions, arguing that the failure to follow official protocols and the use of unregulated channels may have violated legal and ethical principles. This situation creates an environment of distrust regarding the impartiality and justice of the decisions made.
We still don’t have a conclusion on the case.
The revelations about the use of the TSE to investigate Bolsonaro supporters by Alexandre de Moraes raise serious questions about the legality and ethics of judicial and electoral investigations. The detailed analysis of the messages and procedures underscores the need for greater transparency and adherence to established legal processes to ensure justice and impartiality in the Brazilian judicial system.
