08/26/2023 – 3:33 pm
The government of President Luiz Inácio Lula da Silva, through the Advocacy-General of the Union (AGU), and the Attorney-General of the Republic (PGR) want to overturn the law that instituted the celebration of Patriot Day in Porto Alegre (RS) on January 8th. To question the municipal law, the bodies link the case to the investigation of anti-democratic acts, which is being processed by the Federal Supreme Court (STF), and present actions of questioning of unconstitutionality.
This Friday, the 25th, the PGR filed a request with the STF for the immediate publication of an injunction to suspend the law. For Carlos Frederico, coordinator of the institution’s Strategic Group to Combat Anti-Democratic Acts, “there is no doubt that the law is intended to commemorate the criminal acts that took place on January 8 in Brasilia.” The PGR requested the distribution of the action to Justice Alexandre de Moraes, of the STF, considering the connection of the theme with the one dealt with in Inquérito 4.879.
The same path will be followed by the Advocacy-General of the Union (AGU) which, according to Jorge Messias, will file a lawsuit in court to question the constitutionality of the norm. “We are preparing a lawsuit in the STF to challenge the constitutionality of the law approved by the Legislative of Rio Grande do Sul that created ‘Patriot’s Day,’” he said this Saturday, 26.
“The Attorney General’s Office proposed to the Supreme Court an action with a similar purpose and asked for our demonstration. We will manifest as soon as we are communicated. You cannot compromise with acts that are offensive to democracy. We are vigilant and will continue to do so,” he added.
The norm that adds Patriot Day to the municipal calendar of the capital of Rio Grande do Sul is the target of criticism from Lula government ministers and parliamentarians. For the Minister of Agrarian Development and Family Agriculture, Paulo Teixeira, January 8 should be considered the “day of the coup leader or attempt to create a dictatorship in the country”. He also stated that he expects the STF to intervene against the law.
The rapporteur of the Joint Parliamentary Commission of Inquiry (CPMI) of the Coup Acts of January 8, Senator Eliziane Gama, said that the commemoration in Porto Alegre is “disturbing” and an “affront to the Democratic State of Law”. The collegiate investigates, in Congress, the attacks on the headquarters of the Three Powers.
This Friday, Porto Alegre councilor Karen Santos (PSOL) presented a bill requesting the overthrow of the commemoration. “It makes no sense to mark this day in the history of Porto Alegre, where we are witnessing coup and fascist acts trying to end the fragile Brazilian democracy. Nothing patriotic happened that day, on the contrary. Keeping this date is symbolic support for the coup attacks, we cannot accept it! ”, She said.
As shown the Estadão, Porto Alegre City Council included Patriot Day as the 8th of January in the commemorative calendar of the capital. The idea came from the now former councilor Alexandre Bobadra (PL). In the bill, presented in March, he does not mention the attacks in the federal capital or the reason for choosing January 8 for the celebration.
From March to June 2023, the proposal went through the three permanent committees of the Porto Alegre Legislative, received positive opinions and went on to be sanctioned by Mayor Sebastião Melo (MDB). The Chief Executive, however, neither sanctioned nor vetoed the law during the 15-day period, which caused the project to return to the table of the mayor, Hamilton Sossmeier (PTB), who promulgated the text on August 7 .
Bobadra saw his idea become law and, after a week, his mandate was revoked by the Regional Electoral Court of Rio Grande do Sul (TRE-RS). The collegiate understood that the councilor committed a crime of abuse of economic power and misuse of the media during the 2020 elections. There is still an appeal to the Superior Electoral Court (TSE).
The decision also declared that the congressman’s votes should be annulled and the calculations of electoral and party quotients redone. Bobadra’s vacancy was occupied on Wednesday, 24, by councilor Cláudio Conceição (União).
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