06/30/2024 – 7:10
Ministers Alexandre de Moraes, Flávio Dino, Luís Roberto Barroso and Gilmar Mendes, of the Federal Supreme Court (STF), sent a series of messages to the government of President Luiz Inácio Lula da Silva and to the National Congress in statements at the Lisbon Legal Forum, an event held in the capital of Portugal. Among the points addressed by the ministers were the possibility of amnesty for those convicted of the acts of January 8th to the regulation of social networks and big techs.
Named “Gilmarpalooza” because it is organized by the Gilmar Mendes higher education institute, the forum brings together representatives of the Three Powers of Brazil, businesspeople from the country and notable Portuguese figures in various panels to discuss topics relevant to Law between the two countries. Ministers participate as guests.
In a message to Congress, Moraes indicated, this Friday, the 28th, that the Judiciary will have the last word if the proposal for amnesty for those arrested and involved in the coup attempt on January 8 last year succeeds.
“The Federal Constitution is the one that allows amnesty or not, and the one that interprets the Constitution is the Supreme Federal Court,” said Moraes.
The amnesty is defended by allies of former president Jair Bolsonaro (PL) and has been cited behind the scenes in Congress as a bargaining chip for support from the Bolsonaro camp in the elections for the Presidencies of the Chamber and Senate in 2025.
“The Supreme Federal Court is a century-old institution. Obviously, when democracy is most attacked and the Constitution is most attacked, the Supreme Federal Court has the mission to defend it and it did so,” said Moraes in reference to the 2022 elections.
Moraes once again defends regulation of big techs
Moraes also reinforced the need to regulate the activities of big tech companies that own social networks, arguing that other countries do not allow the existence of unregulated sectors. “It is absurd that big tech wants to continue being a lawless land, being instrumentalized against democracy,” he said.
“There is no longer any doubt that social networks, big tech, need to be regulated and held accountable. There is no doubt about that,” he added.
Decriminalization of marijuana possession
Another issue that came up among the ministers was the STF’s decision to decriminalize marijuana possession. The president of the Supreme Court, Luís Roberto Barroso, stated on Thursday, 27, that the Court fulfilled its role in deciding on decriminalization and that President Lula has “freedom of expression” to disagree with the decision.
Lula stated on Wednesday, the 26th, that the STF does not have to “interfere in everything” and that decisions like this week’s on marijuana generate “rivalry” with other branches of government. According to Lula, the STF cannot “take on anything” to judge.
“I am not a listener of what the president says, much less an inspector of the courtroom. What I can say is that the Supreme Court judges the actions that reach the plenary, including habeas corpus and extraordinary appeals of people who are arrested with small quantities of drugs,” Barroso replied when asked about Lula’s statements.
Dino hits back at Lula
Minister Flávio Dino also responded to the president’s criticism of the Court’s decision. The judge argued that the court is urged to decide on controversial issues because of social “conflagration”.
Dino argued this Friday that conflicting issues in Brazilian society have reached the Judiciary, which forces judges to act.
“When conflicting situations walk through that square (of the Three Powers) and do not find another door, they find the Supreme Court building more beautiful, the ramp is smaller, and they enter there. Once there, we (ministers) cannot throw the problems into the sea or Lake Paranoá, and we cannot prevaricate”, stated Dino.
“That’s why the Federal Supreme Court ‘gets involved in a lot of things’. We are involved in a lot of things precisely in the face of this conflagration that marks Brazilian society”, added the minister.
The minister’s position is in line with that of other members of the Court. Dias Toffoli stated last Thursday, the 27th, that “if everything ends up in the Judiciary, it means the other decision-making bodies are bankrupt.”
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