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The statements of federal deputy Daniel Silveira (PSL-RJ), published by himself on the Internet this Tuesday (16), are an affront to democracy, an incitement to violence against the ministers of the Federal Supreme Court (STF) and clearly defamatory . Only those who share the wishes of the Bolsonarista deputy to replace all the members of the country’s supreme court and reissue AI-5, the act that institutionalized the dictatorial repression in Brazil in 1968, will not be scandalized by his video and his attacks on democracy .
Silveira’s arrest in flagrante delicto, without the right to bail, decreed by the STF Minister, Alexandre de Moraes, on the night of the same day, however, will give ammunition to a rhetoric against the magistrates of the court that has been constructed by the political environment of the president. Jair Bolsonaro from his possession.
From the legal point of view, the STF ministers can even find justifications for one of their decrees, in a monocratic decision, the arrest in flagrant crime of a member of the Legislative Power. However, from a practical point of view, even if the prison is maintained by the full court, it is very likely that it will be revoked in a vote in the Chamber of Deputies, by simple majority.
As much as Silveira is accused by his teammates, which would be correct, or if he will be expelled from his party, which is also already being considered, the truth is that he will become, in the opinion of the Bolsonarista hosts, a martyr for the cause anti-FTS.
The authoritarian or at least controversial measures adopted by the STF ministers in recent years have been confused with decisions necessary to defend the Constitution and maintain the rule of law in the country.
In the first category is, for example, the opening of the Fake News investigation of Minister Dias Toffoli, in 2019, which transforms the STF into both an accusing and judging body, which violates the Brazilian criminal system. Deputy Silveira was arrested in connection with this investigation (he is also being investigated in another, for anti-democratic acts).
In the second category, that of the measures necessary to prevent the Executive Power from extrapolating its powers, there is, for example, the decision of the STF, in April of last year, that the Union, states and municipalities have competencies in the adoption of policies against the pandemic, which safeguarded the Brazilian federal system and prevented Bolsonaro from restricting the ability of governors and mayors to act to stop the advance of the new coronavirus.
In the Bolsonarist narrative, of course, the authorized decisions of the Supreme Court and those that are not, end up taking on a distorted disguise and end in the same balance as the justifications for demanding the closure of the court or the removal of all its members. .
The dream of Bolsonaro’s political environment is to do like the late dictator Hugo Chávez in Venezuela: through changes in the law or pressure on the magistrates, change the composition of the Supreme Court to the point where it is made up only of judges submissive to presidential will.
It is enough to recall the letter from Augusto Heleno, minister of the Office of Institutional Security, threatening “unpredictable consequences” if the Supreme Court had determined the seizure of the president’s cell phone last year. Or the declaration of federal deputy Eduardo Bolsonaro (PSL-SP), son of the president, in 2018, that it was enough to send “a corporal and a soldier” to close the STF. Or the repeated defenses of a military intervention of the STF by federal deputy Bia Kicis (PSL-DF).
One cannot agree with the attack on democracy and the division of powers represented by the attack by deputy Daniel Silveira on the STF. But his arrest, as it happened, will only give ammunition to the Bolsonarista narrative that court ministers abuse their power and must be stripped of their robes.
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