Court members defend themselves by not intensifying pressure on Barroso with public statements, but criticize his position in private talks
BRASÍLIA – The statement by Federal Supreme Court (STF) minister Luís Roberto Barroso on the “defeat of Bolsonarismo” was not well received by his colleagues. The lawsuit ended up bringing a crisis during the period of suspension of the Court, which affected not only the image of the minister, but also that of the court itself.
“We are creating a new future and tackling racial inequality, so I walk away with renewed energy from agree and disagree, because this is the democracy we have won. We have defeated censorship, we have defeated torture, we have defeated Bolsonarism to allow democracy and the free demonstration of all people,” Barroso said in a speech to the Congress of the National Union of Students (UNE).
The ministers heard by Stadium they spoke in private talks about the need not to increase the pressure on Barroso with public statements condemning his actions. These same judges, however, privately stated that the colleague’s statements were “inappropriate” and carry with them a high potential to strengthen the mistrust of politicians and civil society in relation to the performance of the STF.
Ministers heard by the newspaper said on condition of anonymity that Barroso’s statements only serve to reinforce the perception in sectors of society that the STF has acted – and still does – through so-called “judicial activism”. The concept describes the phenomenon of courts applying broader interpretations of the law and which, in some cases, start making politics encroaching on the competences of other powers.
The assessment is also shared by former STF ministers, such as Marco Aurélio Mello. For him, the Court cannot act as responsible for electoral victories or defeats. “I can only attribute this to a wrong act by the minister, because we have not defeated anyone, especially the STF, which is the last trench of the citizenry,” he told the Stadium.
One of the few Court members who did not internally express dissatisfaction with Barroso’s statement was the recently endorsed Cristiano Zanin. The future minister will only take office in early August. Until then, he has chosen to retire and not get involved in courtroom controversies, especially when they involve one of his peers.
Aware of the negative repercussions of his intervention both inside and outside the Stf, Barroso released a note in which he claims he was referring to the defeat “of the violent extremism that manifested itself on 8 January”. The minister also said he did not want to “offend the 58 million voters of former president” Jair Bolsonaro (PL).
Previously, the STF press office had issued a note with the same arguments presented by Barroso according to which the phrase “‘we have defeated the dictatorship and Bolsonarism’ referred to the popular vote and not to the work of any institution”.
The minister’s statements had a negative impact on Bolsonaro’s supporters and allies, such as Senator Hamilton Mourão (Republicanos-RS). He said the minister’s decisions will be entrepreneurial.”
Criticisms also came from the president of the Senate, Rodrigo Pacheco (PSD-MG), who reproached Barroso’s stance, classifying the declaration as “inadequate and inopportune”. The senator’s rebuke followed the same tone adopted by the STF ministers behind the scenes, even though he said he had not spoken to any of the court members. The president of the upper house of Congress also criticized Barroso’s presence at the UN Congress because, according to him, it was a political event.
“If there are no clarifications on the matter, not even a denial on the matter, also to explain the nature of what has been said, obviously this can be interpreted as a cause of impediment or suspicion and it is up to the Judiciary to judge, so I say that I cannot interfere in this type of discussions,” said the President of the Senate.
Source: Terra
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