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HE “Jornal Nacional” was the subject of unacceptable prior censorship, which the Constitution explicitly repudiates. There is no alternative understanding or condescension possible. What happens, you will see below, is very serious and has to have consequences so that it does not happen again. Read what informs The balloon. I’ll be right back:
Judge Cristina Serra Feijó, of the 33rd Civil Court of the Rio Justice Court, decided this Friday to prohibit TV Globo from showing any document or part of the investigations into the cracking scheme in the office of Senator Flavio Bolsonaro, when he was occupying the position. as a state deputy in the Legislative Assembly of Rio (Alerj). The magistrate responded to a request for protection from lawyers Rodrigo Roca and Luciana Pires, who defend the senator.
In a note, the National Association of Newspapers (ANJ) criticized the decision, which it considered unconstitutional:
“Any type of censorship is strictly prohibited by the Constitution and, in addition to undermining the freedom of the press, it restricts the right of society to be freely informed. This is even more serious when it comes to information of obvious public interest. The ANJ hopes that the unconstitutional decision of the judge is immediately revoked by the Judicial Power itself “.
The president of the Brazilian Press Association (ABI), Paulo Jeronimo, also disapproved of the censorship in a note, which he described as “another blow to freedom of expression.”
“Press censorship seems to be a custom in the country, as it existed at the time of the military dictatorship and the AI-5.”
This week, the Specialized Anti-Corruption Working Group (Gaecc) concluded the investigation. The investigations were opened in July 2018 after a report from the Financial Activities Control Council (Coaf) indicated an unusual movement of R $ 1.2 million in the account of Fabrício Queiroz, former adviser of Flávio in Alerj.
For the prosecutors investigating the case, Queiroz was the operator of the scheme that would also launder money through real estate and the senator’s chocolate shop. Queiroz received more than R $ 2 million in 483 deposits from other cabinet advisers. In addition, investigators located images of Queiroz paying for Flávio’s personal expenses in cash.
The former adviser is now under house arrest at his Taquara apartment after being detained at the home of the lawyer Frederick Wassef, who defended Flávio in the investigation.
The files were submitted to “action taking” by the Rio de Janeiro Attorney General, Eduardo Gussem, and by the Deputy Attorney General for Criminal Affairs and Human Rights, Ricardo Ribeiro Martins.
The senator celebrated the decision on his Facebook profile: “I have nothing to hide and I explained everything in the file, but the narratives that the press invents to misrepresent my image and that of President Jair Messias Bolsonaro are criminal.”
COMMENT
I start at the end. Does Flávio have nothing to fear? Not the documents? Let them be published later.
There is no prior censorship in Brazil, as is made clear by subsection IX of Article 5 of the Constitution, which is a stone clause, and Article 220. Therefore, it seems clear that Judge Cristina Serra Feijó did not respect the Constitution. And it is necessary to evaluate to what extent it does not face a determination that characterizes the abuse of authority.
Are the documents confidential? So they can’t be filtered. That an investigation be opened to reach the leaks. The press has nothing to do with it. I have always censored the leaks practiced by Lava Jato, which, yes, created “narratives”, as Flávio says. When the record hit his opponents, not only did he not complain but he applauded.
I am consistent. I don’t like the leak industry, but I’ve always made it clear that once public interest documents hit the press, they have to be published.
The duty of the press is to publish what it knows, not to keep it secret. And the rule holds true even when there may be an awkward association between leakers and those who post the leaks.
The press would be committing a crime if it published a document that it knew to be false. Repeat yourself: your duty is to publish what you know, which is also guaranteed by the secret of the source.
The judge’s decision cannot be successful, given the constitutional guarantees. Either the merits of the Honorable and Flávio and their defenders are worth it, or the Charter is worth it.
ACOVARDADO
Many may dare to depend on who is interested in attacking the legal rule. I can talk about that letter and that phrase.
I was convicted, in a lawsuit brought by Deltan Dallagnol, by the wife of a friend and co-worker of the busy lawyer.
Along with thousands of expressions of solidarity, some complicit silences, even in the press, shout. It’s a cowardly thing, which I never was. I never reveal who is being the victim of a judicial aggression practiced by the State, by one of its agents or by annoyances on social networks.
There are people who choose targets for their bravery and to defend democracy. I do not select. It is a universal value. It has to be defended against any attacking agent, of any match color.
In fact, I don’t let anyone go, as the many dozens of records I have here, public and private, reveal, in defense of the just cause. Even the cowards of the moment are likely to come back to help if they need it again. If the public question asks, I will.
The defense of democracy and solidarity in favor of due legal process are not procedures that are sold, rented or negotiated. Nor should they be traded.
That this decision, which imposes prior censorship on Globo, be revoked. It is the only thing that can be done in a democracy.
