For the former deputy, Moraes’ decision is “manifestly illegal” and therefore should not be complied with.
Former Lava Jato prosecutor and former congressman Deltan Dallagnol defended civil disobedience in the face of the suspension of X in Brazil. The decision was determined by STF (Supreme Federal Court) minister Alexandre de Moraes last Friday (Aug 30, 2024). Here is the full text of the determination (PDF – 374 kB).
Dallagnol is in favor of users accessing the social network with VPN (Virtual Private Network), which was banned from being used to access X by Moraes, who established a fine of R$50,000 in case of non-compliance. According to him, the decision is “manifestly illegal” and therefore cannot be fulfilled. He gave the statement to the newspaper The Globe.
“I understand civil disobedience to a manifestly unconstitutional order as completely legitimate. Completely legitimate. It is not that [a decisão] It is illegal, unconstitutional, debatable. It is clearly so. There is nothing, no instance, no Judiciary, no possibility of forcing someone to comply with a court decision and receive a fine without the person being part of the procedural relationship. This does not exist.”said Dallagnol.
The former prosecutor also stated that “threaten” the Brazilian population with fines without people being part of the judicial decision “does not exist”. According to him, the person may not know about the decision and access the VPN. “This action is not subject to it being negligent or intentional.“, he assessed.
“By not complying with the orders that allow slavery, isn’t that giving rise to disorder, to a legal risk? Yes, it does create instability, yes. But there is a direct violation of the Constitution, the laws, the moral order.”he said.
The former prosecutor classified the criticism he received for his work in Lava Jato as “a bunch of gossip trying to create a scandal” when asked how he would act if Lula had failed to comply with a decision of the operation because he considered it illegal.
“In Lava Jato, you had three independent instances to appeal to. If someone could question the [Sergio] Moro is suspicious, no one questioned the judges, the five ministers of the STJ and much less the five of the STF. You had no doubt that there was an impartial system giving legitimate treatment to that issue. Not now. You have a person deciding with a very clear political direction.”.
#Dallagnol #favor #civil #disobedience #blockade
