Mark NadiloThe topic of the Supreme Federal Court (STF) apparatus in Brazil, especially focusing on the actions of Minister Alexandre de Moraes, has been widely discussed. This discussion is central to understanding how judicial decisions and STF actions can influence politics and democracy in Brazil. Here are some key points on this topic:
The Role of the STF and Alexandre de Moraes
Judicial Independence: The STF is a vital institution for maintaining the rule of law and democracy in Brazil. Its independence is crucial to ensuring that laws and norms are applied fairly and impartially.
Appointment of Ministers: Alexandre de Moraes was appointed to the STF by then-President Michel Temer in 2017. His career includes roles such as Minister of Justice and Public Security, as well as Secretary of Public Security in São Paulo.
Data and Dates
Appointment to the Supreme Federal Court:
- BRASIL. Presidência da República. Message No. 23, February 6, 2017. The President of the Republic Michel Temer submits to the Federal Senate, for consideration, the name of Mr. Alexandre de Moraes to serve as Minister of the Supreme Federal Court in the vacancy resulting from the death of Teori Albino Zavascki. Diário Oficial da União, February 7, 2017. Section 1, p. 2.
- BRASIL. Congress. Senate. Message No. 8, 2017. The President of the Republic Michel Temer submits to the Federal Senate the name of Mr. Alexandre de Moraes to serve as Minister of the Supreme Federal Court in the vacancy resulting from the death of Minister Teori Albino Zavascki. Diário Senado Federal, February 9, 2017, p. 144. Message No. 23/2017, at the origin. Accompanied by Curriculum Vitae.
- BRASIL. Presidência da República. Decree of February 22, 2017. The President of the Republic resolves to appoint Alexandre de Moraes to serve as Minister of the Supreme Federal Court, in the vacancy resulting from the death of Minister Teori Albino Zavascki. Diário Oficial da União, February 22, 2017. Section 2, p. 1.
- BRASIL. Supreme Federal Court. Term of Office of His Excellency Mr. Alexandre de Moraes, as Minister of the Supreme Federal Court, on March 22, 2017. Book for Registering Terms of Office, p. 87, 1977-.
- SESSION OF THE PLENARY OF THE SUPREME FEDERAL COURT, 2., 2017, Brasília. Minutes of the […], held on March 22, 2017: swearing-in of His Excellency Mr. Alexandre de Moraes as Minister of the Supreme Federal Court. Diário da Justiça Eletrônico, n. 86, p. 59-60, April 25, 2017.
Controversies and Criticisms
Investigation of Fake News: One of the most controversial cases involving Moraes is the investigation of fake news, which he has been leading since 2019. This investigation aims to identify and punish the spread of false news and attacks on democratic institutions. Critics argue that the investigation has been used to target political opponents. Read more.
Role in Sensitive Political Cases: Moraes has been a central figure in decisions related to sensitive political events, such as the pro-Bolsonaro protests and the attacks on the National Congress in January 2023. His actions in these cases have led to accusations that he is using his position to pursue political opponents. Read more.
Arrest of Bolsonaro Allies: The arrest of figures associated with former President Jair Bolsonaro, such as Filipe Martins, under Moraes’ orders, has been seen by some as evidence of political use of judicial power. Read more.
Errors and Controversies
Illegal Arrest Warrant: The arrest warrant for Raul Fonseca de Oliveira and Olibeirinho de Oliveira Junior was questioned by André Marsiglia, a constitutional lawyer, for alleged illegalities. Moraes split the investigations and declared himself impeded from judging the part involving threats to his family, but maintained the preventive arrest, which Marsiglia criticized as a violation of the ne bis in idem principle and the Federal Constitution. Read more.
Action Against Pro-Bolsonaro Businessmen: Moraes’ decision to authorize a Federal Police action against pro-Bolsonaro businessmen, involving the seizure of cell phones and blocking of bank accounts and social media profiles, sparked criticism for possible excesses and illegalities. Jurists questioned the validity of the decision, arguing that messages in private groups do not constitute sufficient crime for such invasive measures. Read more.
Arbitrariness in Cases Involving Threats to Family: Wálter Maierovitch, a jurist and columnist, criticized Moraes for not declaring himself biased in cases involving threats to his own family, considering this a “pure arbitrariness.” The lack of self-declaration of bias by Moraes in cases involving threats to his family was seen as a violation of principles of impartiality and justice. Read more.
Jurists and Deputies Point Out Errors and Merits of Operation Lava Jato
Divergent Opinions: Jurists of various tendencies pointed out errors and merits of Operation Lava Jato during a debate in the Financial and Control Oversight Committee of the Chamber of Deputies on Tuesday (21). Lava Jato, which started in March 2014, involved mainly the Public Prosecutor’s Office and the Federal Police in investigating allegations of billions of dollars in embezzlement at Petrobras. For some, the operation was the “landmark of the fight against corruption in Brazil,” while others point to it as the “biggest judicial scandal in the country.” Read more.
Criticisms and Defenses: Lawyer Ligia Maura Costa highlighted the scale of the operation with its 79 phases, 1,450 search and seizure warrants, and over 120 collaboration agreements. However, the operation faced criticisms for procedural illegalities and was accused of fostering political polarization. Read more.
Connection to STF and Alexandre de Moraes: The discussions and controversies surrounding Operation Lava Jato create a backdrop for understanding the dynamics within the Supreme Federal Court (STF) and the actions of its members, including Alexandre de Moraes. The polarized environment and debates over Lava Jato impact how the STF’s decisions and the role of its judges, including Moraes, are perceived in the broader context of Brazilian politics and justice.
Additional Resources
- Gazeta do Povo: Alexandre de Moraes and Controversial Decisions
- Crusoé: Impact of Alexandre de Moraes’ Decisions on Democratic Institutions
- Estadão: Alexandre de Moraes and Criticisms of His Actions
- O Antagonista: Alexandre de Moraes and the Climate of Tension in the STF