Summary of illegalities committed by the Judge-Minister #AlexandredeMorais by arresting Representative #DanielSilveira:
Judge Morais attached #Silveira's arrest to a case called #fakenews lawsuit, where he was the victim, he made the accusations, he made the arrests, and he gave sentences. He did all the process himself, and the same judge doing all the four things is unconstitutional. Many people were expecting that President #Bolsonaro was going to arrest Morais for that, but it never happened, and Journalist #OswaldEustaquio's career was destroyed. He was arrested several times between 2019 and 2020, ultimately suffering a fall in jail in 2021 and getting paralyzed.
As a congressperson, according to the #Constitution, Silveira has parliament immunity, and could not be arrested for thought crime, or absolutely any words he says or vows he wishes. For these, only #Congress could do something, like voting for a disciplinary punishment.
Another argument of Judge Morais is that Silveira's words directly (but not clearly about how) “threatening” the judges were an indication that violence could happen, and it justified his arrest. In other words, Silveira was arrested; not questioned, not asked for clarifications; based on a crime or crimes he would, maybe, commit.
Judge Morais used a prerecorded video to justify a flagrant, because, as long as the video is online, even if in clips, it's proof of a continuous flagrant, since the threat to national security is still there, so Silveira could be arrested and judged for as long as the video exists.
Judge Morais ordered that all Silveira's social media pages were taken down, not only the video.
Judge Moraes arguments and actions might seem absurd to you, hard to believe coming from a member of the highest level of the judiciary system and with the support of his colleagues, but it's real.
The vote in #Congress to decide if #DanielSilveira would stay in jail is over, and the result was 364 in favor of him to continue in jail, 130 against, and 3 absent. This means that Silveira is in the hands of the #SupremeCourt (#STF) and it seems that there's little to nothing that can be done about it. The next thing to happen to him should be him losing his term and be unable to run for 8 years.
[Check out our post 'JUDGE ALEXANDRE DE...' if you want to know more about this story.]
How long the STF can keep him in jail is not clear, but once they can arrest a congressperson claiming a pre-recorded video (not live streamed) is proof of a flagrant, and that the fact that it continues to circulate, even if only clips (not on any of his own social media accounts, which were all shut down), is considered a “continuous flagrant,” they gave themselves a reason to keep him in jail indefinitely. This can be further strengthened by the STF accusing him of further things, like the promoting #fakenews.
If the STF doesn't free him or nothing else happens to help him, only the change of judge-ministers could be of any help. Four of them are near to retire.
Silveira had the chance to speak before the vote and apologized for the harshness of his words. He apologized to Congress, to the STF, and to his colleagues. He looked and sounded very different. We think he exaggerated. Apologize, that's fine, but he nearly sounded like a child asking for forgiveness, more than once, and looking almost as if wanting to cry and tuck his head in the ground (he could barely keep looking at the camera). It was a little tough to watch because of the shock provoked by how different he looked and sounded then and before.
A journalist who's very familiar with the activities in Congress said that Silveira was considered a “strange body” in there. He meant that he kept his promise of respecting his electors, and this made him look intimidating before the old (and new) rats. This event was a chance many congresspeople had to get rid of this “strange body.”
President #Bolsonaro still hasn't made any statement about all of this.
The vote in #Congress to decide if Congressman #DanielSilveira stays in jail is underway. Read the post JUDGE ALEXANDRE DE... to know more about this story.