DPU tells the STF that Moraes cannot judge action against Eduardo Bolsonaro
The DPU (Federal Public Defender's Office) stated to the STF (Supreme Federal Court) that Minister Alexandre de Moraes cannot act in the trial of the criminal action against former federal deputy Eduardo Bolsonaro (PL-SP), accused of coercion during the process for pressuring Court ministers and Brazilian authorities.
In the final arguments presented to the Supreme Court, the defense maintains that Moraes would be the "main victim" of the conduct attributed to the former parliamentarian and, therefore, would be prevented from judging the case.
"Without impartiality, what we have is not judgment, but the exercise of pure and simple power. And power without legitimacy, in the Democratic State of Law, is arbitrariness", stated the DPU in the demonstration.
The piece was filed after the PGR (Attorney General's Office) requested the conviction of Eduardo Bolsonaro for articulating international sanctions against ministers in an attempt to interfere in the processes related to the attempted coup d'état and benefiting former president Jair Bolsonaro (PL).
According to the complaint, Eduardo worked with members of the United States government to defend measures against Brazilian authorities, including sanctions against Moraes and members of the Court.
The defense also questions the way in which Eduardo Bolsonaro was cited. According to the DPU, the former deputy was in the United States at a known address and, therefore, should have been summoned by letter rogatory, and not by notice.
The actions of the Ombudsman's Office took place without direct contact with the parliamentarian. "Merely formal defense is not defense. It is the appearance of defense," he wrote.
On the merits, the defense claims that the public statements and political articulations attributed to Eduardo do not constitute the crime of coercion during the course of the process.
The DPU maintains that there was no "serious threat" in the legal sense required by the Penal Code and states that the deputy's demonstrations are protected by freedom of expression and parliamentary immunity.
The First Panel of the STF accepted in November last year a complaint filed by the PGR against Eduardo. Ministers Alexandre de Moraes, Flávio Dino, Cristiano Zanin and Cármen Lúcia voted to receive the accusation.
Then, in February, the Supreme Court formalized the opening of criminal proceedings.
With the presentation of the final arguments by the PGR and the defense, the case can now be released for trial.
Source: CNN