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Comment by marcosdumay

1 year ago

Justice persecutors, that sit on the fence between the Judiciary and the Executive (but are nominally in the Judiciary) should be the ones starting those actions. The federal police should be the ones feeding information for them to act on.

On the case where Alexandre de Moraes is the victim, it should have been judged by a normal regional court, first by a judge and then by a panel of 3. In case it ever reaches his court, he should have sent it to somebody else (decided by a draw).

In no situation a court should be commanding a police investigation.

Is this more in line with Brazil's legal tradition, or are you arguing this from within a different jurisdiction?

  • Brazil had a USA sponsored dictatorship, and because of this has a anti dictatorship constitution. The current Supreme Court is ignoring a lot that constitution, and they even admit it and claim there are valid reasons to act that way.

    For example: it is illegal to enact lockdowns without following a specific procedure. During pandemic the Supreme Court said health is more important than laws and gave an order/command to the executive branch to ignore the law and do lockdowns. The president at time complained and was immediately accused of being "genocidal" and "antidemocratic" for his criticism of this decision.