Post by account_disabled on Mar 13, 2024 2:25:12 GMT -4
The establishment of the so-called fake news inquiry (Inq 4,871) does not present unconstitutionalities, in addition to having within its scope the investigation of mass attacks, orchestrated and financed with the purpose of intimidating the ministers of the Federal Supreme Court and their families.
The understanding is shared by ministers Alexandre de Moraes and Luís Roberto Barroso, who voted this Wednesday (17/6) to maintain the investigation. The trial continues in the afternoon.
Nelson Jr./SCO/STF
Alexandre de Moraes was appointed to report on the investigation that investigates threats against STF ministers and their families
Nelson Jr./SCO/STF
Opened in March 2019, by order of the President of the Supreme Court, Dias Toffoli, the investigation investigates threats against court ministers. It is chaired by minister Alexandre de Moraes and B2B Lead runs under secrecy. Soon after it was announced, the Rede Sustentabilidade party filed an ADPF to question the ordinance that determined the opening of the investigation.
Last week, only the action's rapporteur, minister Luiz Edson Fachin, had voted in the trial. For him, the investigation must continue, but with limitations . The minister proposed giving an interpretation in accordance with the Constitution to, among other topics, define that the investigation must be monitored by the Public Ministry.
In this session, Minister Alexandre de Moraes accompanied the rapporteur on the appropriateness of the action and constitutionality of the ordinance. However, he was against giving a compliant interpretation, as he understood that the measures suggested by Fachin were already being implemented.
Inquiry rapporteur
In his vote, Alexandre explained what he called a hybrid accusatory system, which allows police investigations and also authorizes hypotheses for pre-procedural investigations. More than once he stated that the privity of public criminal action granted to the Public Prosecutor's Office should not be confused with criminal investigations.
According to the minister, the possibility of criminal investigations being carried out and conducted without the MP's provocation does not conflict with the accusatory system.
There is, he said, no monopoly on investigation by the judicial police and the determination to initiate an investigation by the Public Prosecutor's Office. For him, every court can open criminal inquiries and investigations without a request from the MP.
Regarding the initiation of the investigation under analysis, Alexandre argued that the institutional defense of the court and the guarantee of independence of its magistrates are the responsibility of the President of the Supreme Court. “Coercing, attacking, embarrassing, threatening, attacking the STF and the Judiciary, their magistrates and their families is an attack against the Federal Constitution, democracy, the Rule of Law and the uncompromising defense of fundamental human rights.”
Furthermore, he said he had guaranteed the defenses access to the fake news investigation.