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AFP
Minister Sergio Moro’s resignation may erode an important part of the president’s base of support, analysts heard by BBC News Brazil say.
Minister Celso de Mello of the Supreme Federal Court (STF) accepted this Monday (04/27) the request of the Attorney General, Augusto Aras, to open an investigation involving President Jair Bolsonaro and the accusations made. by former Minister of Justice Sergio Moro.
The investigation will investigate Moro’s complaints last week during his speech announcing his resignation. Moro said Bolsonaro had tried to interfere with the work of the Federal Police and reported on Bolsonaro’s actions that, if proven, could constitute crimes, according to the Attorney General’s Office (PGR) and the criminals heard by BBC News Brazil.
As these are allegations of alleged common crimes committed by the President of the Republic, the investigation can only be requested by the PGR, with the authorization of the Supreme Federal Court.
In the decision on Monday, the STF understood that there is sufficient evidence to open the investigation.
Based on the support now granted by the STF, an investigation will be opened by the Federal Police, which will then produce a report that will be sent to Aras.
The investigation will investigate whether, by interfering with the Federal Police, as Moro accuses, Bolsonaro committed crimes of coercion in the course of the process (when the authority to interfere in a process in his own interest or in the private interest of another person is threatened ); administrative defense (sponsorship of private interests before the public administration using the status of employee); prevarication (breach of duty due to interests or bad faith) or privileged passive corruption (when the public agenda acts, harming his duty, yielding to the request or influence of another person)
The investigation will also assess whether, by using Moro’s signature in the exoneration decree of Márcio Valeixo, former CEO of PF, the president would have committed an ideological falsehood. This is because Moro said he did not sign the document with the exemption, despite the fact that his name appeared in the Official Gazette.
Under the Constitution, a practicing president can only be investigated or prosecuted for crimes committed during his term; That would be the case if the charges made by Moro are proven.
According to Aras, if Moro’s accusations are unfounded, the former minister may have committed a defamatory complaint or a crime against honor, two possibilities that will also be investigated in the investigation.
From the moment he receives the PF report, Augusto Aras will decide whether or not to file a complaint with the STF.
“If you believe that there is strong evidence of crime, the PGR files a complaint with the Supreme Court,” explains USP professor of constitutional law, Elival da Silva Ramos. “Then, the Chamber of Deputies must authorize, with the consent of at least two thirds of the deputies, so that the STF can decide whether or not to accept the complaint.”
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STF / Ascom
STF Minister Celso de Mello accepted an investigation request from the PGR
The weight of the House’s decision
If the House does not give the STF approval to decide on the acceptance of the complaint, the process is suspended until the end of the president’s term.
It happened with three complaints against former President Michel Temer (MDB) submitted to the STF by former PGR Rodrigo Janot. In the Temer case, in all three cases, the Chamber did not authorize the Supreme Court to assess whether or not to accept the complaint, and responded to the proceedings only after the end of the period.
If, unlike what happened with Temer, the House supports and the STF decides to follow up on a complaint filed by the Attorney General of the Republic, the President is removed for up to 180 days, a time limit for the case to be judged by himself Supreme
If convicted, the president loses his mandate and is responsible for the crimes as a normal citizen.
“The biggest consequence would be the loss of the mandate,” Ramos explains. “Considering that the sentences (of the alleged crimes) are low, the probability of imprisonment is more likely to be commuted by alternative sentences.”
If he was found not guilty or if the trial does not end within 180 days, the President continues his term normally.
Liability offense
There is also the possibility that the Chamber of Deputies considers that there is evidence of a liability crime, which could initiate a removal process, which would happen separately from the procedure initiated by Aras.
“(The actions as reported by Moro) leave the door open for the characterization of a crime of responsibility, the first step towards a process of impeachment,” says Maurício Dieter, professor of critical criminology at USP.
“If it is shown that he acted in a way incompatible with the dignity, honor and decorum of his office, he could have committed a crime of responsibility,” says Rogério Cury, professor of criminal law at FGV (Fundação Getúlio Vargas).
Dieter explains that the law on the crime of liability is very vague and open to interpretation, making it difficult to make more forceful statements about whether Bolsonaro’s alleged acts would be considered liability crimes.
“The liability offenses law has a whole hermeneutical history (a story of different interpretations). To characterize tax pedaling as a liability crime (which led to the impeachment of Dilma Rousseff), for example, the entire interpretive gymnastics, “says Dieter
Ultimately, opening the impeachment is a more political than legal process, and depends on how much support the president has in the National Congress.
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