LAVA JATO OPERATION PROSECUTORS—IN HOT WATERS

A couple of years before #Bolsonaro became president, he was caught fishing in a place he wasn't supposed to. Messages exchanged by #LavaJato prosecutors and that have been leaked recently, shows that one prosecutor, #MoniqueCheker, after realizing Bolsonaro couldn't be prosecuted for environmental damages due to the fact that he only caught a couple of fish, texted that she knew a professor from the State University of #RiodeJaneiro that could write a report blaming Bolsonaro for some different kind of environmental issue. Another prosecutor said that Bolsonaro would not be convicted of any crime by a lower court, and then Monique wrote that if the process go to the #SupremeCourt (#STF), he would be convicted. Other parts show prosecutors calling Bolsonaro names and saying he had fascist and sexist ideals. At another text, she says, “OUR SELF-SACRIFICE IN THE NAME OF THE 'PLURALITY OF IDEAS' HAVE ALREADY COST US [TO LOSE] SOME [DEPARTMENTS]. THE DPU [federal prosecutors office], THE #PF [federal police]; I THINK THAT'S ENOUGH. I DON'T WANT THAT.” At another part, on a different topic, while discussing the need of #SergioMoro to distance himself from Bolsonaro in 2019, #DeltanDallagnol said, “THE BIGGEST CHALLENGE IS TO DISTANCE HIMSELF FROM BOZO—IN ORDER TO GET CLOSER TO JOURNALISTS—BUT WITHOUT LOSING SUPPORT OF BOZO'S SUPPORTERS ['Bozo' was the left's favorite way to refer to Bolsonaro]. In another part, #Moro, already serving as the Minister of Justice—so he was no longer part of Lava Jato—texts Dallagnol, who was still a prosecutor in Lava Jato, “I'M GOING TO BE IN #DAVOS DURING THE WEEK. COULD YOU TELL ME SUCCINTLY WHICH COUNTRIES WE ARE STILL FACING COOPERATION DIFFICULTIES WITH? DID #HONGKONG PROVIDE YOU WITH THOSE EVIDENCES? PLEASE, FIND THAT OUT AND LET ME KNOW.” According to journalist #OswaldoEustaquio, PTB's party president, #RobertoJefferson, and the recently arrested Congressman #DanielSilveira received copies of the Lava Jato conversations leaks. #Silveira was arrested a couple of days before the date he had planned to exposed them. Jefferson received the leaks back in December, but even with his constant and widely view interviews, he never exposed them, and many people are wondering why he didn't. Many are also wondering why Eustáquio didn't expose them earlier either.

• After #DanielSilveira's arrest, #ClaudiaPiovezan's book 'Inquérito do Fim do Mundo' ('End of the World's Inquiry'), about the #SupremeCourt's (#STF's) post-#Bolsonaro adm's unconstitutional rulings, became a number 1 best seller on Amazon as of today.
• During an interview of #Judge-Minister #MarcoAurelio to #RadioGaucha [from #RioGrandedoSul]—yes, Brazilian judge-ministers give interviews all the time—one of the hosts asks him, “HOW DOES A #SUPREMECOURT (#STF) [JUDGE-]MINISTER SEPARATE THEMSELVES FROM A [JUDGE-]MINISTER AND A CITIZEN, BECAUSE—I'M GOING TO BE CAREFUL WITH MY WORDS—AN STF [JUDGE-]MINISTER, WITH THE LAW IN THEIR HANDS AND THEIR INTERPRETATIONS, CAN ATTACK WHO ATTACKS THEM USING THE POWER OF BEING A [JUDGE-]MINISTER—HOW MUCH CAN THIS GET CONFUSING [TO PEOPLE]? HOW DANGEROUS IS THIS?” The carefulness to use the right words kind of made the question not that clear, but it definitely doesn't sound (nor did his tone) disrespectful or anything—we think. Judge Aurélio responded, “THIS DOESN'T EXIST. THE JUDGE'S ROLE IS BASED ON FACTS AND ON THE RIGHTS GRANTED BY THE #CONGRESS.” So far so good, but then..., “WE NEED TO RESPECT JUSTICE A LITTLE MORE, AND I THINK THAT THE WAY YOU PUT IT IS CLEARLY UNSUITABLE, BORDERING DEFAMATION [oops].” The host, “NO, THIS IS JUST A QUESTION. I'M ASKING THIS SO YOU CAN CLARIFY...” [Judge Aurélio interrupts] “WHAT ANSWER DO YOU WANT ME TO GIVE YOU? THAT WE CAN HARM THE CITIZENS? LOOK, I THINK WE HAD BETTER END OUR INTERVIEW HERE.” It doesn't end there, but this part shows how the STF judges are clearly trying to intimidate journalists, making it very hard to even ask them relevant questions. #freespeech #freedomofspeech #authoritarianism #alexandredemoraes #moraes #danielsilveira #silveira
• The #Congress is to discuss this next Wednesday some changes to the #Constitution aiming to more clearly restrict the role of the Judiciary. Among them, one that says a video cannot be used as a permanent flagrant (making this clear is important, but this is a consensus in the law world, and having to put this in the Constitution is absurd), and another one that says a judge can't make a monocratic decision to arrest a congressperson (the Constitution is already clear about parliament immunity for free speech, it doesn't matter how bad it sounds, and that an arrest for order of the STF can only be made after the Congress vote, except in case of a real crime). #alexandredemoraes #danielsilveira #freespeech #freedomofspeech
• Senators subpoenaed #SupremeCourt (#STF) Judge-Minister #AlexandredeMoraes to explain to them where the line that separates parliament immunity from a crime, when it comes to speech, is.
• #AlexandredeMoraes opened an investigation to know if Representative #DanielSilveira disrestected a female public servant at the #IML (coroner's office) when he refused to wear a mask. Well, “refused to wear a mask” is how it's being reported. He entered the reception area without a mask and didn't mind to wear one. According to the video, she never addresses him in advance, but asks someone else to approach him and give him a mask. He was a little reluctant to wear it and started making comments, engaging the servant. So far, the exchange between them was calm. About a minute later, he starts to unpack the mask in order to put it on. During this process, the receptionist kept shooting back at every one of his comments, which made him angry. He raised his voice, but ultimately put the mask on. The video is clear in showing that the servant highly contributed to escalating the exchange. You can hear there were some seconds of silence from his part while he was opening the package and fixing the band in order to put it on, when she reengaged by making comments. The video shows an event that in no way would need an investigation by the #SupremeCourt (#STF), but #Moraes is willing to crush #Silveira as much as possible in order to send a message to #Bolsonaro, the #military, allies, and supporters; just as he sent a message to journalists with all the abused committed against journalist #OswaldoEustaquio and that resulted in him having his career destroyed and also him getting paralyzed from waist down.

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.

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UPDATE ON #DANIELSILVEIRA'S CASE

We didn't explain in our first post about #Silveira's case the reason why he had that outburst. He was speaking in behalf of General #VillasBoas, who tweeted about the possibility of Judge-Minister #Fachin freeing the ex-president and convict criminal #Lula. He tweeted, “IN SUCH A MOMENT #BRAZIL IS GOING THROUGH, WE CAN ONLY ASK THE PEOPLE AND THE INSTITUTIONS, WHO REALLY CARES ABOUT OUR COUNTRY AND ALL THE FUTURE GENERATIONS, AND WHO'S ONLY INTERESTED IN THEIR PERSONAL GAIN?” “I CAN ASSURE THE NATION THAT THE ARMED FORCES SHARE THE EXPECTATIONS OF THE BRAZILIAN PEOPLE, THEIR DISGUST FOR IMPUNITY AND FOR THE DISREGARD FOR DEMOCRACY, FOR THE #CONSTITUTION, AND FOR THE SOCIAL PEACE. WE REMAIN READY TO TAKE ON OUR INSTITUTIONAL MISSION.”

General Villas-Boas hasn't said a word about Silveira's arrest, and the Military Club issued a statement called “THOUGHTS OF THE MILITARY CLUB,” containing 9 questions for reflection. The questions ask about innumerous moments the #SupremeCourt (#STF) didn't act anywhere as strong when the offenses came from the left.

A couple of other facts about Silveira's arrest: – The Judge-Minister #AlexandredeMorais ordered all #Silveira's #socialmedia accounts, even accounts as congressman (when he's still a congressman), be suspended and they were all taken down in a heartbeat; – Silveira took 2 phones with him to jail and kept using them. He's a ex-military and some people wonder why he did that. Not only this prompted them being seized, but also Judge Morais ordering a thorough investigation of the phones calls and messages; – Silveira's 180° turn from courage and determination and confidence to a pitiful and weak and self-blaming attitude (almost like begging for forgiveness, like a baby crying), considering he's an ex-military and he committed no crime, is hard to understand; – Silveira told a couple of colleagues (quantity and names not informed) that he knew he'd be arrested. His lawyer said in a video, “THERE ARE WAYS OF DOING THINGS AND THIS IS HIS WAY. HE DOESN'T DENY IT. HE SAID TO US, 'LOOK, I'M GOING TO BE ARRESTED, NO PROBLEM WITH THAT. THAT'S HOW I AM.' BUT, THE PROBLEM IS GETTING BIGGER THAN WHAT WE HAD IMAGINED. THE SITUATION IS NOT EASY;” – During his statements to Congress, Silveira said, “DUE TO POPULAR PRESSURE, AND ACTIVISTS' AND POLITICAL GROUPS' PRESSURE, WE ARE LED TO EXAGGERATE, TO BE MOVED BY AN IDEA. IT'S LIKE THAT LITTLE DEVIL THAT COMES TO YOUR EAR AND SAYS, 'GO THERE AND DO IT,' AND YOU DO IT BASED ON FEELINGS.” Who are them?

Silveira had an important role for the right. He wrote a law bill that punishes #censorship, another one to reinforce #freedomofspeech, he requested an investigation into the #votingmachines, and cowrote/cosigned several other positive bills.

As other particularities about Brazil, don't expect much to happen on the weekend, (even during a constitutional crisis).