[ad_1]
The President of the Republic is subject to the legal and political consequences of his own acts and behaviors related to the exercise of his function. The President of the Republic, who is also subject to the laws, like any other citizen of this country, is not exempt from criminal liability derived from the acts he has carried out. The authorization of the Chamber, by 2/3 of its members, refers to the opening of legal actions, not for investigation.
Antonio Cruz / Agência Brasil
With this understanding, Minister Celso de Mello of the Supreme Federal Court authorized the opening of an investigation to investigate the behavior of President Jair Bolsonaro and the statements of former federal judge Sergio Moro when announcing his resignation from the Ministry of Justice.
In the decision of this Monday (4/27), the minister ordered the opening of an investigation to investigate the behavior and the statements of the two accused. “The reasoning is intended to remove any obstacle to the investigation of the President of the Republic. That is, the President may be criminally responsible for acts related to the exercise of his function and the 2/3 quorum is of the Chamber of Deputies it is only required for the opening of legal actions against the president and not for his police investigation, “analyzed the criminal Pierpaolo Bottini.
On Friday (4/24), Moro said Bolsonaro fired the director of the Federal Police, Maurício Valeixo, because he wanted to have someone from his “personal contact.” [na PF] to be able to call and collect intelligence reports. ” The President told me that he was concerned about the Supreme Court investigations and that the exchange [no comando da PF] it would be opportune for that reason, which generates great concern, “said the former judge.
The dean’s decision welcomes the request of the Attorney General, Augusto Aras. Celso de Mello understood that the crimes allegedly committed by Jair Bolsonaro, as narrated by Moro, may be related to the exercise of the presidential mandate. According to the dean, these are circumstances that give full constitutional legitimacy to the investigation procedure.
The minister also grants the Federal Police a period of 60 days to carry out due diligence, thus summoning former minister Sérgio Moro to respond to the request made by the agency.
PGR Request
According to the PGR, Moro’s statements can result in at least eight crimes: ideological falsehood, coercion in the course of the process, administrative defense, embezzlement, obstruction of justice, privileged passive corruption, defamatory denunciation and crime against honor.
“The dimension of the narrated episodes reveals the declaration of acts of the Minister of State that would reveal the practice of illegal acts, imputing his practice to the President of the Republic, who, otherwise, could also characterize the crime of defamatory denunciation,” he points out. the PGR.
Experts consulted by Conjur they affirm that Moro’s statements, in theory, may lead President Jair Bolsonaro to respond to the accusation and criminal prosecution for responsibility and common crimes.
Moro’s statements motivated the sending of a criminal notice against the president to the STF on Friday (4/24). In the House, until the weekend, there were 29 requests for impeachment to be considered by the president, federal deputy Rodrigo Maia. Three of them were shelved after the ex-minister’s press conference.
PET 8,802
[ad_2]
