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LEGAL ADVISER
By Danilo Vital
It is not for the Supreme Federal Court to express its opinion on a demonstration called by a member of the Bolsonar movement to protest against the members of the Court, due to an absolute lack of competition. With this argument, Minister Celso de Mello did not hear of a request by federal deputy Enio José Verri (PT-PR) in a news story about the crime sent to court on Thursday (5/7).
According to the federal deputy, the law aims to suppress fundamental and constitutional guarantees. However, for Minister Celso de Mello, the insufficiency of the petition is complete, initially because there are no individuals involved whose position attracts the jurisdiction of the Federal Supreme Court.
Furthermore, it is not for the STF to assess whether there are sufficient elements to justify and authorize the offer of a complaint. The Public Ministry is the holder of the constitutional monopoly of the power to accuse and the holder of the criminal action.
“In this way, it will depend on the interested party, if they wish, to go to the Judicial Police or, later, to the Public Ministry, which should be, like‘dominus litis’, the natural recipient of the communications they serve ‘notitia criminis ““Minister Celso de Mello explained.
Finally, even if the request was appropriate, the request to ban motor racing violates freedom of assembly, a fundamental prerogative of the citizen, according to the minister. However, he stressed that abuses and excesses in the exercise of freedom of expression are subject to criminal punishment “because they are not backed by the constitutional protection guaranteed to the free expression of thought.”
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