Senator Randolfe Rodrigues (Rede-AP) asked Minister Alexandre de Moraes, of the Federal Supreme Court (STF), this Monday, 21, to authorize the opening of an investigation to determine whether the Attorney General of the Republic, Augusto Aras , committed the crime of prevarication.
The representation was sent because, last week, Aras contradicted the Federal Police and asked for the shelving of the investigation against President Jair Bolsonaro (PL) for the leak of confidential data about an attempted hacker attack on the systems of the Superior Electoral Court (TSE).
In an open clash with the PGR since the end of the Covid CPI, the senator classifies Aras’ arguments to ask for the closure of the investigation as ‘laughable’ and accuses alleged ‘ministerial inertia’.
“The illustrious Attorney General of the Republic seems to renounce his true constitutional attributions regarding the adoption of appropriate measures in the face of possible common crimes committed by the President of the Republic”, he says.
The request is for the opening of investigations into Aras’ conduct in the administrative sphere, by the Superior Council of the Federal Public Ministry, in the criminal field, by the Federal Supreme Court, and also in the Federal Senate, the body responsible for processing a possible impeachment request from the prosecutor. -general.
“It must be said that the conduct is inserted in a broader context of apparent subservience of the Attorney General of the Republic to the non-republican interests of the President of the Republic: protecting his family and his political affiliates in exchange for subverting the entire logic the functioning of Brazilian democratic and republican institutions”, criticizes the senator.
When asking for the investigation to be closed, Aras argued that the material disclosed by Bolsonaro was not protected by secrecy and that public acts must comply with the principle of publicity. Although the procedure was classified as confidential in the electronic judicial processing system and the supplementary material was also indicated as ‘secret’ or ‘reserved’, Aras states that ‘the simple affixing of stamps or stickers in which reference is made to the alleged secrecy of the investigation is not enough to characterize the reserved procedure’. He also cites an opinion from the Internal Affairs Department of the Federal Police stating that the leaked investigation was not protected by judicial secrecy.
The Federal Police concluded the investigations at the beginning of the month and pointed out the crime of violation of secrecy, but failed to indict Bolsonaro and the deputy because of the forum for prerogative of function. Only presidential aide Mauro Cid, who helped prepare the presidential live, was indicted.
In practice, by asking for the case to be closed, Aras intends to free the president from any possible action before the STF. According to the jurisprudence of the court, when there is a manifestation of the PGR for the filing, the ministers usually comply with the request under the terms of the opinion. The decision, however, is up to Alexandre de Moraes, rapporteur of the case.
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