Ministers Alexandre de Moraes, Flávio Dino, Luís Roberto Barroso and Gilmar Mendes, of the Federal Supreme Court (STF), sent a series of messages to the government of President Luiz Inácio Lula da Silva and the National Congress in statements at the Lisbon Legal Forum, an event held in the Portuguese capital. Among the points addressed by the ministers were the possibility of amnesty for those convicted of the events of January 8 and the regulation of social networks and big tech.
Called “Gilmarpalooza” because it is organized by the Gilmar Mendes Higher Education Institute, the forum brings together representatives of the Three Powers of Brazil, businessmen of the country and important Portuguese personalities in various panels to discuss topics relevant to the law between the two countries. Ministers participate as guests.
In a message to Congress, Moraes indicated on Friday 28th that the judiciary will have the final say if the amnesty proposal for those arrested and involved in the coup attempt of January 8th is successful.
“It is the federal Constitution that allows amnesty or not, and the federal Supreme Court interprets the Constitution,” Moraes said.
The amnesty is being championed by allies of former President Jair Bolsonaro (PL) and has been cited behind the scenes in Congress as a bargaining chip for Bolsonaro’s camp’s support in the 2025 elections for the presidencies of the House and Senate.
“The Federal Supreme Court is a secular institution. Obviously, when democracy is most attacked and the Constitution is most attacked, the Federal Supreme Court has the mission to defend it and it has done so,” Moraes said, referring to the 2022 elections. .
Moraes once again defends the regulation of big technologies
Moraes also reinforced the need to regulate the activities of big tech companies that own social networks, arguing that other countries do not allow unregulated sectors to exist. “It is absurd that big technology wants to continue to be a lawless land, exploited against democracy,” he said.
“There is no longer any doubt that social networks, big technologies, need to be regulated and held accountable. There is no doubt about that,” he added.
Decriminalization of marijuana possession
Another issue that came up among ministers was the STF’s decision to decriminalize marijuana possession. The President of the Supreme Court, Luís Roberto Barroso, declared on Thursday the 27th, that the Court fulfilled its role in deciding on decriminalization and that President Lula has “freedom of expression” to dissent from the decision.
Lula declared on Wednesday the 26th that the STF must not “meddle in everything” and that decisions like this week’s on marijuana generate “rivalry” with other powers. Again according to Lula, the STF cannot “collect anything” to judge.
“I am not aware of what the president says and, even less, I am not a supervisor of the courtroom. What I can say is that the Supreme Court judges actions that come before the full court, including habeas corpus and extraordinary appeals for people arrested with small quantities of drugs”, Barroso replied when questioned about Lula’s statements.
Dino replies to Lula
Minister Flávio Dino also responded to the president’s criticism of the Court’s decision. The judge argued that the court is called upon to decide controversial issues due to the social “conflagration”.
Dino argued this Friday that conflicting issues in Brazilian society have converged in the judiciary, forcing magistrates to act.
“When conflicting situations pass through that square (of the Three Powers) and they don’t find another door, they find the Supreme Court building more beautiful, the ramp is smaller, and they enter there. Once there, we (ministers) cannot throw the problems into the sea or into Lake Paranoá, and we cannot procrastinate,” Dino said.
“That is why the Federal Supreme Court ‘is involved in many things.’ We are involved in many things precisely in the face of this conflagration that marks Brazilian society,” the minister added.
The minister’s position is in line with that of the other members of the Court. Dias Toffoli stated last Thursday, the 27th, that “if everything ends up in the Judiciary it is a failure of the other decision-making bodies”.
Source: Terra
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