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The Attorney General of the Republic, Augusto Aras, told the Federal Supreme Court (STF) that he does not see the crime of illegal shame in the threat that President Jair Bolsonaro made to a journalist in August. At the time, the president said he would hit the professional, after former adviser Fabrício Queiroz asked the first lady, Michelle Bolsonaro about the checks.
The episode occurred during Bolsonaro’s visit to the Cathedral of Brasilia. The reporter, from the newspaper “O Globo”, asked the president about the checks, for the total amount of R $ 89 thousand, for the first lady.
First, Bolsonaro said he would not respond. Then the president said, “I’m going to fill this guy’s mouth with a beating.” In the sequence, the president amended: “My wish is to fill your mouth with fights.”
Parliamentarians and lawyers called the Supreme Court to open an investigation against Bolsonaro for the episode. Rapporteur of the actions, Minister Rosa Weber determined that the PGR is manifesting.
In opinions sent to the STF on Monday (14), Aras affirmed that there is no illegal coercion, since Bolsonaro’s conduct did not force the journalist to do something that the law does not allow or prevent him from doing something permitted.
“It is not possible to extract from the facts narrated or from the matter attached to the initial petition that the journalist has been forced, coerced, forced to do something specific that the law does not order or not to do something in particular that does allow it,” wrote Aras .
According to the attorney general, “in truth, there is no special claim by the agent / issuer [Bolsonaro]. This absence eliminates, from the plan, the incidence of the incriminating criminal norm, since hostile language was not used as a means to obtain a certain conduct desired by the active subject ”.
Aras also affirmed that “the intimidating tone, although it may come to characterize the serious threat as a criminal element, is not enough, by itself, to formally adjust the facts to the norm.
Bolsonaro threatens journalist: ‘My wish is to fill your mouth with fights’
Not related to the mandate
The PGR stressed that a possible threat of crime can only be investigated based on the provocation of the victim. “Without a declaration from the victim that a criminal process is initiated in the face of his aggressor, there is no way to investigate the facts,” said the attorney general.
Aras also assessed that the events are not related to Bolsonaro’s mandate, so it would be covered by the so-called temporary presidential immunity, which is provided for in the Constitution.
This rule establishes that the President of the Republic cannot be held responsible for events that occurred before assuming the ownership of the Executive, that is, that are not related to the exercise of their functions.
“In addition, it is warned in advance that the narrative developed by the announcer covers events that are not related to the exercise of the presidential mandate. For this reason, at present it would be forbidden to initiate criminal proceedings against the President of the Republic,” stated.
