Moro accuses Bolsonaro: understand the STF investigation | Politics

What does the opening of the investigation legally mean?

It means that the Supreme Minister understood that there are elements in Moro’s speech that justify a previous investigation. The data collected in the investigation may or may not lead to the opening of a case, depending on whether the Justice considers that the evidence is sufficient. As long as there is no lawsuit, no one can be considered a defendant. Consequently, the opening of the investigation does not mean that justice already finds someone guilty.

What are the next steps?

There will now be an investigation to gather evidence. Moro’s testimony must be taken by the PF in 60 days. One of the measures that can be taken in the course of the investigation is the breaking of telephone secrets, for example, to verify the authenticity of the exchange of messages between Moro and Bolsonaro. The material was indicated by Moro as evidence of Bolsonaro’s alleged interference and published by Jornal Nacional.

Based on the evidence presented, the court decides whether to open a case or not.

Who asked the STF to open the investigation?

The request was made by the Attorney General, Augusto Aras. The Federal Public Ministry, commanded by Aras, has the prerogative to sue the President of the Republic in court. The attorney general took the initiative after complaints made by Moro at the press conference in which he announced his resignation.

In announcing the decision to leave the government, Moro said Bolsonaro tried to interfere politically with the Federal Police. One of the reasons alleged by the minister to leave the ministry was the dismissal of former PF general director Mauricio Valeixo, his henchman. Moro stated that Bolsonaro decided to change the general direction of the PF because he would like to have access to information about inquiries about his family. Moro also claimed that Bolsonaro expressed concern about the ongoing investigations at the STF.

In addition, the minister presented images of exchanges of telephone conversations with the president. One of them shows that the president sent Moro the link to a story about the PF “in the queue” from 10 to 12 Bolsonarista deputies. In the print, the number that would be Jair Bolsonaro writes: “one more reason for the exchange”, in reference to Valeixo.

• Datafolha: 52% believe that Moro tells the truth more, and 20% believe that Bolsonaro

What did Celso de Mello justify to authorize the investigation?

The STF minister argued that the events narrated by Moro “seem” to be related to the exercise of President Bolsonaro’s mandate, a hypothesis in which the Constitution allows an investigation to be opened.

“The crimes allegedly committed by the President of the Republic, as reported by the then Minister of Justice and Public Security, seem to maintain (…) an intimate connection with the exercise of the presidential mandate, in addition to maintaining, depending on the period in that had supposedly been practiced: contemporary relationship with the current performance of the political and legal functions inherent in the leadership of the Executive Power, “wrote the minister.

How does the PF choose the delegate to carry out the investigation?

Within the Federal Police, it will be up to the director of the fight against organized crime to designate the delegate responsible for carrying out the investigation. The current director of the area, Igor Romário de Paula, declared that he will present his election with the support of the new general director of PF, Alexandre Ramagem.

Ramage, appointed this Tuesday (28) to command the PF, has a friendly relationship with the Bolsonaro family. He was director of the Brazilian Intelligence Agency (Abin).

Can the President of the Republic be the target of an investigation during his term?

Yes. According to the Constitution, the investigation could not be opened if the investigation concerned acts outside the exercise of the mandate, which is not the case.

Shouldn’t the House give approval for Bolsonaro to be the target of an investigation?

The Chamber does not endorse the investigation. The authorization of the deputies, in accordance with the Constitution, is necessary to initiate a criminal process against the President of the Republic. The criminal process, when started, is a step after the investigation.

In an eventual process, Bolsonaro could be part of what crimes.

According to Augusto Aras’ request, Bolsonaro’s conduct, if the irregularity is found, can be framed in the crimes of: ideological falsehood, coercion in the course of the process, administrative defense, embezzlement and obstruction of justice.

Will anyone else be investigated in the investigation?

On Monday, an investigation request submitted by Senator Randolfe Rodrigues (Rede-AP) was attached to that of the Office of the Attorney General. In the document, the parliamentarian asks the PGR to confiscate the cell phone of Congresswoman Carla Zambelli (PSL-SP) for its investigation.

Jornal Nacional also published the messages allegedly exchanged between Moro and the parliamentarian, in material presented by the former minister. In them, Carla Zambelli offers to “mediate” an appointment of Moro for the STF and, with this, guarantee the permanence of the former judge in the government.

In a statement in response to Moro’s resignation, Bolsonaro said the former minister had made the change in PF leadership conditional on appointment to the Supreme Court. Sergio Moro showed the exchange of messages with Carla Zambelli to Jornal Nacional as alleged evidence to deny this accusation.

There is still no decision on whether to include Zambelli in the investigation.