Celso de Mello authorizes the STF investigation to investigate Moro’s statements with accusations against Bolsonaro | Politics

Upon leaving the government, last Friday (24), Moro pointed out the alleged interference of Jair Bolsonaro in the investigations of the Federal Police. According to the former minister, the president decided to change the general direction of the PF because he would like to have access to information about inquiries about the Bolsonaro family.

The opening request was sent on Friday (24) by the Attorney General, Augusto Aras. The dean of the STF was selected as rapporteur for the request.

According to the minister, the events narrated by Moro are related to the exercise of the position, which allows Bolsonaro’s investigation. This is because the Constitution prevents the Chief Executive from being investigated outside the exercise of his mandate.

“The crimes allegedly committed by the President of the Republic, as reported by the then Minister of Justice and Public Security, seem to maintain (…) an intimate connection with the exercise of the presidential mandate, in addition to maintaining, depending on the period in that had supposedly been practiced: contemporary relationship with the current performance of the political and legal functions inherent in the leadership of the Executive Power, “wrote the minister. .

With the opening of the investigation, the evidence production phase begins. Aras asked the Supreme Court that the line of investigation should start with Moro’s testimony and that the now former minister present documents that prove his statements.

One of the measures that can be taken in the course of the investigation is the breaking of telephone secrets, for example, to verify the authenticity of the exchange of messages between Sergio Moro and Bolsonaro. The material was indicated by Moro as proof of the supposed influence and published by Jornal Nacional.

In a statement, Bolsonaro stated that Moro’s statements were unfounded and that he had not attempted to interfere with the Federal Police.

The image of the conversation shows that the president sent Moro the link to an article about the PF “in the queue” from 10 to 12 Bolsonarista deputies. In the print, the number that would be Jair Bolsonaro writes: “one more reason for the exchange”, referring to the then general director of the FP, Mauricio Valeixo.

The trigger for Sergio Moro to leave the government and deliver the speech with signs of irregularities committed by President Jair Bolsonaro, was the resignation of Valeixo.

For the PGR, the speech of the former Minister of Justice and former judge indicates the possibility of crimes such as ideological falsehood, coercion in the course of the process, administrative defense, embezzlement, obstruction of justice and privileged passive corruption.

If the facts presented by Moro are not proven, he could face a defamatory complaint and crimes against honor.

On Monday, an investigation request submitted by Senator Randolfe Rodrigues (Rede-AP) was attached to that of the Office of the Attorney General. In the document, the parliamentarian asks the PGR to confiscate the cell phone of Congresswoman Carla Zambelli (PSL-SP) for its investigation.

Jornal Nacional also published the messages allegedly exchanged between Moro and the parliamentarian, in material presented by the former minister. In them, Carla Zambelli offers to “mediate” an appointment of Moro for the STF and, with this, guarantee the permanence of the former judge in the government.

In a statement in response to Moro’s resignation, Bolsonaro said the former minister had made the change in PF leadership conditional on appointment to the Supreme Court. Sergio Moro showed the exchange of messages with Carla Zambelli to Jornal Nacional as alleged evidence to deny this accusation.

The minister presented the reasons for opening an investigation in a 17-page decision. Celso de Mello determined that the Federal Police takes the testimony of former minister Sérgio Moro, as requested by the PGR. Officers will have 60 days to complete due diligence.

The rapporteur of the investigation also asked the Attorney General’s Office to comment on the request of Senator Randolfe Rodrigues (Rede-AP), to search and confiscate the cell phone of Congresswoman Carla Zambelli (PSL-SP).

Celso de Mello argued in the decision that the conduct indicated in the request to open an investigation “appears to have a connection” with the exercise of the president’s mandate. Therefore, there is no impact of the rule of the Constitution that determines that the president, once in office, must not respond to “acts outside the exercise of his functions.”

He also pointed out that, when opening an investigation, it is not necessary to apply the authorization provision of the Chamber: the support of the deputies is for the initiation of a criminal process, a post-investigation procedure.

“In the specific case, as already mentioned, the eminent Head of the Union Prosecutor’s Office would have identified, in the conduct attributed to the President of the Republic by the then Minister of Justice and Public Security, the possible practice of criminal acts that They consider, considering the disciplinary aspect of the subject, the concept of common crimes that result from acts not unrelated to the exercise of the presidential mandate, “said the minister.

Celso de Mello also affirmed that the republican principle established in the Constitution determines that all public agents, including the President of the Republic, are responsible before the law.

“It is never too much to reaffirm it, the idea of ​​a Republic translates an essential value, expresses a fundamental dogma: that of the primacy of the equality of all before the laws of the State. Nobody, absolutely nobody, has the legitimacy to transgress and vilify the laws and the Constitution of our country. Nobody, absolutely nobody, is above the authority of the legal system of the State, “he stressed.