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.

JUDGE ALEXANDRE DE MORAIS VS CONGRESSMAN DANIEL SILVEIRA

#SupremeCourt (#STF) Judge #AlexandredeMorais issued an arrest warranty against conservative representative #DanielSilveira. Morais is infamously known (among other things) for ordering the arrest of a journalist twice, whose title of 'journalist' was ignored by him in official documents, being called a 'blogger' instead, and who got paralyzed from waist down during prison the second time.

Silveira posted a video where he says, “BE A MAN ONCE IN YOUR LIFE” [...] “YOU [JUDGE #FACHIN], [JUDGE] ALEXANDRE DE MORAIS, [JUDGE] #MARCOAURELIO, [JUDGE] #GILMARMENDES, THE ONE THAT FREES CRIMINALS ALL THE TIME, GIVES HABEAS CORPUS ALL THE TIME, SELLS HABEAS CORPUS, SELLS SENTENCINGS. 'HEY THERE! HE WAS ARRESTED? HERE, SEND HIM TO ME!' YOU DISRESPECT THE INTERNAL RULES; THIS LITTLE SUPREME COURT, WHICH IS NO SUPREME. THE REQUIREMENTS FOR YOU TO BECOME A JUDGE-MINISTER IS IN THE ARTICLE 101 OF THE #CONSTITUTION; BUT YOU ALL ARE EMPTY, INNOCUOUS, RETARDED, THAT'S WHAT YOU ARE. ESPECIALLY YOU, FACHIN. YOU ARE PART OF THE VERY SHIT THAT [THE STF] IS.”

“HERE'S THE THING, FACHIN. EVERYBODY IS FULL OF YOUR SON-OF-B***H'S FACE, THIS VAGABOND'S FACE” [...] “SEVERAL TIMES I VISUALIZED YOU BEING BEATEN UP. NOT ONLY YOU, BUT ALL THIS COURT'S MEMBERS” [...] “WHAT ARE YOU GOING TO SAY? THAT I AM ENCOURAGING VIOLENCE? NO, I JUST IMAGINED, AND ME IMAGINING MYSELF DOING SUCH A THING, YOU KNOW IT'S” [imagining hurting someone in advance, speaking about it, but not doing it] “NOT A CRIME” [because he has an extra constitutional protection when it comes to free speech compared to a regular citizen, where he can only be punish for his speech, it doesn't matter what he says, literally, by the Congress].

“I WANT TO KNOW WHAT YOU'RE GOING TO DO WITH THE GENERALS” [...] “THE LITTLE MEN OF THE GOLDEN BUTTONS [one way leftists sarcastically refer to the military], DO YOU REMEMBER? I KNOW YOU REMEMBER; INSTITUTIONAL ACT N° 5 [#AI5]; YOU WERE A PT MILITANT, FROM A COMMUNIST PARTY, FROM THE COMMUNIST ALLIANCE OF #BRAZIL” [the AI5 was the fifth of seventeen institutional acts written during the military regime that defined the actions taken in order to reorganize the government. The AI number 5 was the most polemic, as it allowed for the dissolve of the Congress and the Senate.]

“I TOTALLY AGREE WITH [THE EX-MINISTER OF EDUCATION] #ABRAHAMWEINTRAUB WHEN HE SAID [during a ministerial meeting] 'IF IT WAS UP TO ME, I'D PUT ALL THESE VAGABONDS IN JAIL.'” [...] “I'M GOING TO GO AFTER YOU. I'M NOT AFRAID OF VAGABONDS, OF DRUG DEALERS, OF MURDERS; I'M GOING TO BE AFRAID OF 11 THAT ARE OF NO USE FOR OUR COUNTRY? NO, I WON'T. I KNOW WHO YOU WALK ALONG, WHAT YOU DO.”

After he was notified of his arrest, he recorded another video while he waited for the arrival of the federal police, in which, in part, he says, “FROM THIS POINT ON, THE LEVEL OF THE GAME IS A LITTLE HIGHER. I'M GOING TO DEDICATE EACH AND EVERY MINUTE OF MY TERM TO SHOW WHO ALEXANDRE DE MORAIS, FACHIN, MARCO AURÉLIO DE MELO, GILMAR MENDES, #TOFFOLI, #LEWANDOWSKI ARE. I'M GOING TO PUT EACH ONE OF YOU IN YOUR PLACE. I DON'T CARE. FOR MY COUNTRY, I'M WILLING TO KILL, TO DIE, TO BE ARRESTED, IT DOESN'T MATTER WHAT. YOU WON'T BE ABLE TO MAKE ME FEAR YOU. IT'S THE CONGRESS WHO WILL DECIDE OVER KEEPING ME ARRESTED. YOU JUST RIPPED UP THE CONSTITUTION ONCE AGAIN. I'M LETTING EVERYONE KNOW SO THAT THEY KNOW WHAT'S GOING ON, SO THAT I CAN SHOW BRAZIL WHO'S ITS ENEMY. OTHER THAN THAT, I'M GOING TO SLEEP IN JAIL, AND LET'S SEE WHAT'S NEXT. LET'S SEE WHO'S WHO. [LET'S SEE IF] IT'S [ABOUT] YOU OR [ABOUT] ME AND THE PEOPLE.

Some hours after his arrest, there was a vote in the STF to know if there was majority support, and all of them voted to keep Daniel Silveira arrested, including the vote of #Bolsonaro's appointee #KassioNunes.

We don't know if Silveira's seemingly unconstitutional arrest has anything to do with prompting this, but Bolsonaro just nominated four names for the #RepublicCouncil, among them, two military, one of them a very solid conservative, General #AugustoHeleno, currently the secretary (minister) of the Department of Institutional Security. The Republic Council is responsible for giving a final opinion on the need for a political intervention, a national defense law, or a martial law, and also for matters related to the balanced relationship of the institutions.

Dozens of big politicians and many celebrities from the left already said and expressed themselves publicly against Bolsonaro in a threatening, disrespectful, and defamatory way innumerous times and neither the STF nor any of its judges ever at least said a word condemning the acts, so Silveira's arrest seems to be one more attempt to input fear into conservatives and to pressure Bolsonaro into losing it and thus give the STF and the Congress a reason to impeach him. Judge-minister Mendes came to the point of saying in a live last year that Bolsonaro was responsible for a genocide when referring to the #pandemic. Absolutely nothing happened to him and none of his colleagues made any comments.

The document containing the order for the arrest says that the video justifies an arrest warranty for a flagrant act, since the video is still circulating. We, the TBB, had a lot of difficulty to find the original video. We could only find clips and read transcripts in order to write this post. Even the channel where it was posted no longer exists. According to the Article 53 of Section V of the Constitution, the STF is responsible for ultimately certifying congresspeople's and senators' election. After that, the STF no longer has power over them. If they are caught committing an unbailable crime, then the most the STF can do is to ask the Congress to act.

The Congress is supposed to receive from the STF the formal accusation within 24 hours so that it can be taken to a vote in order to be decided if the arrest is acceptable. Some are citing the Articles 22 and 23 of the National Security Law, which say that one can be arrested for inciting violence, instability among institutions, or threatening animosity between the people and government institutions, punishable with 1 to 4 years in jail.

In the 2005 edition of Alexandre de Morais' own book 'Constitutional Rights' he quotes the words of another person to illustrate how congresspeople have their speech protected, where it says they can't be arrested for “THOUGHT OR WORD CRIMES, SUCH AS CRIME AGAINST THE HONOR, CRIME INCITEMENT, ORAL DISRESPECT FOR RELIGION, ETC.”

The judge-minister Marco Aurélio stated, referring to the Congress vote, “CONGRESSPEOPLE WILL BE ACCOUNTED FOR IN 2022 IF THEY FREE A RIGHTWING FANATIC AND POPULIST [COLLEAGUE].”

All Daniel Silveira's social media pages were shut down on the day of his arrest.

• The Public Prosecutors Office for Labor wrote a recommendation letter for companies and public attorneys where it asks that conflicts over the vaccination of employees be avoided, but it ultimately settles in that, in order to preserve the health of coworkers, the employer can try to convince the employee to get the shot, and fire them if they refuse to get it.
• A Justice Court ruled in favor of conservative #TerçaLivre channel #YouTube permanently suspended to be reinstated, or they will have to pay a fine for every day that they don't. Terça Livre was suspended as thousands of channels are, without YT making clear what part of a video broke which guideline. This is a great victory for free speech and it opens a precedent for #socialmedia to be finally regulated.
• Congressman #DanielSilveira (plus 19 others) presented a law bill that prohibits #socialmedia platforms from censoring, shadowbanning, or outright banning posts and accounts whose content do not conflict with constitutional rights. This bill had been presented before, but the previous chair of the House of Representatives would not even put it to vote. Now, under the new chair, the hopes of seeing this law bill going for a vote is back, and Daniel and the others are asking for urgency. After the mass censoring of #Trump, allies, and supporters during his campaign and their eventual mass banning, they don't see why the same won't happen to Bolsonaro, allies, and supporters during this year's #elections. If this bill passes, it will (curiously and surprisingly) teach Americans, mainly #Republicans, a lesson, and #Trump, allies, and supporters will surely cheer.
• Some people are recording others receiving the anti-#COVID19 vaccine without the nurses being aware, and some of them are seen not giving the shot. You can see the nurse inserting the needle, but they don't push the plunger. #coronavirus
• #PauloGuedes, the secretary of the department of economy (called 'Ministry of Economy,' and him, 'minister'), said his hopes of having several economy bills passed rose after the election of the new chair of the #HouseofRepresentatives. The previous chair didn't even put the bills to vote.
• #Bolsonaro, who is currently without a party, is considering joining '#Patriotas' (Patriots) in order to run this year for a second term. His preferred party is '#AliançapeloBrasil' (Alliance for Brazil), but it's still in the process of collecting signatures in order to complete its creation, and thus not ready to have its candidates run in time in this year's elections.
• Billboards of #SãoPaulo Governor #Dória have been spotted in a city called #CampoGrande, State of #MatoGrosso. Two different billboard versions, one showing him wearing a mask, holding a syringe in one hand, the toothpaste-like box of the only vaccine he's been promoting, the #Chinese #CoronaVac (infamous for its 50-ish % efficacy rate), and the title, VACCINE FOR ALL. The other version shows him wearing a mask and waving a V, and it says, CONGRATULATIONS, DÓRIA. V OF VICTORY, V OF VACCINE, V OF 'VERDADE' (TRUTH). VACCINE FOR ALL. A video went viral for showing a woman driving by when she saw one of those, stopped, pulled her phone up and started recording, showing the billboard in the background while she demanded answers to why São Paulo's governor was being promoted in her state, and who could be funding it, but it was taken down by #YouTube, which claimed it broke their community guidelines. A congressman contacted YT Brasil demanding an explanation, since the video doesn't contain anything that can be considered defamatory, threatening, criminal, or illegal.