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Jair Bolsonaro was surprised and deeply irritated by the order in which Minister Celso de Mello, of the Supreme Federal Court, imposed the restriction on him to testify orally before the Federal Police. His behavior contrasts with the practiced naturalness that he showed three months ago.
This was stated by the president on June 3 about the testimony he would give in the investigation in which former minister Sergio Moro accuses him of plotting a political intervention in the Federal Police: “The PF will listen to me, they are deciding if it will be in person or in writing, I don’t care. “
Bolsonaro did not ignore the advantages of a written statement. But he feigned indifference: “The guy, in writing, I know he has tremendous confidence in the answer because he won’t hesitate. Live you can doubt, but that does not worry me. I can speak in person with the Federal Police, without any problem. “
After Celso de Mello’s decision was consummated, Bolsonaro’s dramatization was replaced by concern. This Friday, when he returned from a trip to Bahia, he consulted with the Attorney General of the Union José Levi Mello.
Ironically, Bolsonaro included in the conversation two ministers who attend the list of summons to take the vacancy of Celso de Mello: André Mendonça (Justice) and Jorge Oliveira (General Secretariat of the Presidency).
The president was surprised by Celso de Mello’s decision because he imagined that the dean of the Supreme Court, who had gone on sick leave, would not bother him again before his retirement, on November 1. He was irritated because he believes the dean has lost his exemption: “He is blatantly pursuing me,” he said privately.
Planalto did not say what Bolsonaro’s next steps will be. If he chooses to follow the advice of his assistants, the president will push the problem with the belly until the retirement of Celso de Mello.
In this case, the Attorney General’s Office would have to file an appeal against the decision of the magistrate before the Supreme Court. Something that would impose on Bolsonaro the dislike of having to justify the staging embedded in that “whatever” he said in June.
Celso de Mello eluded Bolsonaro something that his colleague Luís Roberto Barroso granted to then-President Michel Temer in 2017: the possibility of opting for a written statement in the corruption investigation in the port of Santos.
For Celso de Mello, Bolsonaro cannot get rid of face-to-face testimony because the FP will listen to him as an investigator, not as a witness or victim. The magistrate noted in his order:
“The President of the Republic, having the condition to be investigated, does not have any of the prerogatives (proper and exclusive of those who only appear as witnesses or victims) referred to in article 221,” caput “and § 1, of CPP, which means that the interrogation of the head of state, in the case under examination, must observe the normal interrogation procedure. “
In the extract cited by Celso de Mello, the Code of Criminal Procedure (CPP) grants the holders of the three branches the prerogative to declare in writing. But the privilege is restricted to witnesses and victims.
“This special prerogative to render written testimony, however, does not apply or is relevant when public authorities present themselves, as in the case under examination, with the current President of the Republic, as persons under criminal investigation,” he said. Celso de Mello.
On other occasions, Bolsonaro would climb into the drawer of the Alvorada corralito to direct half a dozen insults at Celso de Mello. Now save your grudges and show unsuspected restraint.
On the eve of Celso de Mello’s decision, Bolsonaro had been in possession of the new president of the Supreme Court, Luiz Fux. The day before, he had appeared by surprise at the session in which Dias Toffoli said goodbye. This Friday, speaking in Bahia, Bolsonaro celebrated: “We are gradually approaching the judicial authorities.“
