Minister Carmen Lúcia, of the Federal Supreme Court, asked the Attorney General’s Office for information on the progress of the preliminary poll opened by the agency to investigate President Jair Bolsonaro (no party) for attacks on the electronic voting system and threats to the electoral process made live held at the end of July. The minister wants to know about the investigations that were adopted by the PGR, according to her, in an “unorthodox manner and not based on expressly stated legal grounds”, since they did not take place in the scope of criminal news that is being processed by the Supreme Court.
Carmen wants the prosecutor’s office to present to the court a full copy of all the actions taken in the context of the preliminary investigation that the head of the Federal Public Ministry, Augusto Aras, said he had opened on the case. The minister stressed that any filings, referrals, steps or preliminary investigations must always take place in the process in question and ‘not in an inaugurated document, without legal basis, in “Notícia de Fact” established from a copy of the records, all to ensure jurisdictional control under the terms of the Constitution and the laws of the Republic’.
The petition to which Carmen refers is the crime news presented to the highest court by opposition deputies after the live performed by Bolsonaro on July 29, also broadcast by TV Brasil. The live also motivated an open administrative inquiry against the president at the Superior Electoral Court, in addition to the inclusion of Bolsonaro in the list of investigated in the fake news inquiry.
Carmen had already charged the PGR in the scope of the news-crime in question, so that the PGR could comment on the request for investigation. On the occasion, Aras informed the minister about the opening of the preliminary investigation and expressed his ‘no follow-up’ of the request by opposition parliamentarians.
Now, the minister is demanding information about the preliminary investigation that Aras said he had opened under the argument that the Federal Supreme Court has a constitutional duty to investigate such a Tupi investigation. “The control of this Supreme Court cannot be removed from the supervision of any case, instituting its own procedure with the exclusion of the inspection exercised by the Judiciary Power”, pondered Carmen in an order dated the 3rd and published this Tuesday, 23.
The magistrate stressed that steps or preliminary investigations must be informed in the process under the responsibility of the Supreme Court, and the acts of the Public Ministry must be “subject to jurisdictional control, so that no constitutional right of the subject under investigation is eventually compromised”.
“Any action of the Public Prosecutor’s Office that excludes, even as a matter of procedural celerity or constituted care, from the supervision of this Supreme Court, parallel investigation from or on the basis of this file (even as a preliminary) has no legal support and cannot be admitted”, stressed the minister.
Carmen had already issued a similar charge to the PGR under another procedure that also involves President Jair Bolsonaro – the crime news that calls for the investigation of the Chief Executive due to threats made by the Chief of Executive in coup speeches during acts on the 7th of September.
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