On Thursday, Minister Alexandre de Moraes of the Federal Supreme Court (STF) overturned his own decision that he censored the websites of Crusoé magazine and The Antagonist after publishing articles on court president Dias Toffoli.
The decision was made after harsh criticism from jurists, journalists and Supreme Court ministers, including the dean, Celso de Mello, to censorship.
Rapporteur for an investigation to investigate fake news, offenses and threats against the Supreme Court, Moraes ruled on the second (15) that the reports referring to the name of Toffoli at Odebrecht were removed from the air. The order was given after a request for action from the minister.
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Now, according to Moraes, 'it has been proved that the confidential document quoted in the subject really exists, although the fact that had previously been sent to the PGR for investigation does not correspond to the truth'. "In the journalistic field, or their authors anticipated what would be done by the MPF of Paraná, in a true exercise of futurology, or induced the subsequent conduct of Parquet; but in relation to a confidential document only accessible to the parties to the proceedings, which was eventually improperly disclosed and would merit a regular investigation of this illegality. "
"The existence of these supervening facts – sending the document to the PGR and the entire file to the STF – renders, however, unnecessary the maintenance of the precautionary measure, since there is no mention in the confidential document obtained through alleged prize collaboration, whose eventual manipulation of content could generate irreversible damage to the dignity and honor of the involved and the Court itself, for the clarity of its terms, "he wrote.
Decision interrupts wear of Supreme
Alexander's recoil avoids further weariness for him and Toffoli, who were isolated in defending the decision. It should also prevent a possible setback in the plenary if an appeal brings the case to trial in the collegiate.
In a message released on Thursday, the minister Celso de Mello called the censorship intolerable and said that it is a perversion of the ethics of law. "Censorship, any kind of censorship, even that ordered by the Judiciary, is an illegitimate, autocratic and essentially incompatible practice with the regime of fundamental freedoms enshrined in the Constitution of the Republic," he wrote.
The censored vehicles published texts with a reference to Toffoli made by businessman and prosecutor Marcelo Odebrecht in an e-mail of 2007, when the current president of the Supreme was the head of the General Law of the Union (AGU) of the Lula government (2003-2010).
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According to Crusoe magazine director Rodrigo Rangel, "the report describes the content of a document contained in Lava Jato's records, contextualizing the information contained therein, without making any value judgment or accusations to the minister." "And there is no type of offense to the Federal Supreme Court in the text," says Rangel.
On this Thursday, Minister Marco Aurélio Mello classified Moraes' gag decision and said he would wait for him to retreat.
In an interview with Rádio Gaúcha, Marco Aurélio also said that, in his opinion, most of the ministers of the Supreme Court were against Moraes' determination to withdraw reports.
"I think the conviction of the majority is diametrically opposed to that of the Minister Alexandre de Moraes." "I know him well, he (Moraes) must be convinced of that," said Marco Aurélio.
When asked whether there was another word, in addition to censorship, to deal with Moraes' court order, Mello replied: "Gag, this is not in line with the democratic aspects of the 1988 Constitution. nor in the past regime, which was a regime of exception, of such measures, as virulent as this. "
In an interview published this Thursday in the newspaper Valor Econômico, Minister Dias Toffoli defended the censorship that had been determined by Moraes.
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"If you publish a story calling someone a criminal, accusing someone of having participated in a scheme, and that is untrue, it has to be taken out of thin air.
Toffoli added: "It is necessary to show authority and limits. There is no need to speak of censorship in this case of Crusoe and the Antagonist."
Toffoli also commented on the decision of Attorney General Raquel Dodge to propose the filing of the investigation opened by him to investigate fake news and offenses against the members of the court. "The PGR thinks, it gives an opinion. It is the Judiciary that decides the judiciary."
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