Without the privileged forum when leaving the Planalto Palace on January 1, Jair Bolsonaro (PL) will respond for ongoing criminal investigations at the STF (Federal Supreme Court), which are related to recurring threats and attacks made to members of the Court.
After the end of his term, part of the processes that the current president will need to respond to will be sent to the first instance. Now, they will proceed under the command of other delegates, prosecutors and judges. In the case of the three investigations that are being processed by the STF, they must be sent to the Federal Justice, of the three, two of them are in the final phase.
See investigations that Bolsonaro will have to answer
The newspaper O GLOBO listed the processes in which the president will have to respond. Among the inquiries to be answered by the current chief executive, one of which worries Bolsonaro, the PF concluded that the crime of “incitement to crime” was committed, which carries a sentence of three to six months, this happened because he encouraged the population to not wearing masks and used fake news in a live.
In the same case, the PF argued that, also by trying to associate the vaccine once morest the new coronavirus with the development of AIDS, the president who lost the elections to Luiz Inácio Lula da Silva (PT), committed a misdemeanor crime, which is an illegality of less offensive potential by “provoking alarm to third parties, announcing non-existent danger”.
Minister Alexandre de Moraes is the rapporteur for the case. The PF, in August, requested authorization to indict Bolsonaro for incitement and take his statement, but Moraes’ decision is still awaited.
The PF will not need judicial authorization to indict Bolsonaro, nor hear him, when the process reaches the first instance. With the inauguration of the new Lula administration, this might happen at any time.
Another case, which is also in its initial phase, may be filed. No crimes were found in the interference made by Bolsonaro in the PF by investigators. The inquiry in question was opened following former minister Sergio Moro accused the president of having acted improperly in the corporation to gain access to information of interest to him. After analysis by the PF, the PGR (Attorney General’s Office) requested archiving.
If rapporteur Alexandre de Moraes does not dispatch the filing request by December 31, the case will stop at the first instance. From that, another prosecutor can take over the case and re-analyze the evidence to assess whether to file a complaint once morest Bolsonaro or keep the file.
Another process is in the initial phase and is being investigated, this case involves suspicions of corruption in the Ministry of Education under the management of Milton Ribeiro. The case is at the STF following Ribeiro cited the president in a telephone intercept. At the time, the rapporteur, Minister Cármen Lúcia, asked delegate Bruno Calandrini to investigate whether Bolsonaro actually committed a crime. Without a privileged forum, the process will be conducted by the Federal Justice of the DF, but will continue with the same delegate.
Regarding the investigations into the link between the digital militias and Bolsonaro and the conclusion of the CPI on Covid, there is still no definition, as the two cases involve the performance of parliamentarians, they can continue with privileged jurisdiction, and remain in the STF.
To be investigated, a President of the Republic needs to be held responsible in the criminal sphere by the Attorney General of the Republic, who is currently occupied by Augusto Aras. In the first instance, all inquiries are randomly assigned to prosecutors who have functional independence and power to bring charges.
Post Views: 38
