The Ministry of Justice, Ricardo Lewandowski, has been renouncing its constitutional function of addressing issues related to terrorism and possible attacks on democracy. These actions must be carried out by the government, through the ministry itself, the Federal Police and the Attorney General’s Office.
It is clear that the response to terrorist acts must be forceful, but never at the cost of compromising constitutional principles.
What we see, however, is a Supreme Court that exceeds its role, when it passes like a bulldozer over the autonomy of other powers. Not even in times of crisis does the Constitution confer this role on the Supreme Court.
It is surprising that Ricardo Lewandowski, who comes from the STF and has a very close relationship with the ministers of the Court, did not sit at the table and make it very clear that the role of investigating is the responsibility of the Federal Police, while the role of informing It is the responsibility of the Attorney General’s Office, and that the Supreme Court must remain as a judging body, regardless of the prominence of ministers who voluntarily and recklessly assumed a role that does not correspond to them.
It is urgent that the president of the STF, Roberto Barroso, reflects on the decision to maintain the case on the alleged assassination plot of Lula, Alckmin and Moraes himself under Alexandre de Moraes.
It’s no longer about: “you lost mané.” It is about restoring confidence in the judiciary in processes with international repercussions.
By confirming Moraes in the case, Barroso indirectly made it clear that the fate of the “bad guys” goes beyond due legal process, because in the hands of a clearly suspicious minister, being cited as one of the alleged victims of the attempted plan of murder.
The justification of the connection between past and present events feeds an interpretation that clashes with the constitutional functions of the Supreme Court and enters criminal spheres, challenging principles that guide due legal process, such as impartiality.
The issue here is one of exemption, which Moraes does not have because he is one of the supposed objectives of the plot.
Maintaining the minister as an investigator and instructor of future criminal actions against the accused commits the STF as guardian of the Constitution.