Top Brazil official tries to suspend democracy over ‘threat to democracy’

A top Brazil minister tried to block elected officials from assuming office for threatening the “democratic rule of law” with their political leanings, according to Brazilian media.

Supreme Court Justice and Superior Electoral Court (TSE) President Alexandre de Moraes Saturday asked the Attorney General’s Office (PGR) to bar 11 legislators recently elected to the Chamber of Deputies from being inaugurated on February 1^st. Moraes accused the deputy-elects of encouraging a protest on January 8^th in which demonstrators stormed federal buildings in protest of fraudulent elections.

Moraes demanded the government bring a lawsuit, which was put together by lawyers from the Leftist group Prerrogativas, against the newly elected Right-leaning congressmen who he said are “ineligible” because of their “participation or support and dissemination of coup and terrorist acts, thus practicing criminal acts and contrary to the democratic rule of law.”

Among the accused congressmen is Nikolas Ferreira (PL-MG), who won the most votes of any representative in the country and the third most votes in Brazil’s history. The others are Luiz Ovando (PP-MS), Marcos Pollon (PL-MS), Rodolfo Nogueira (PL-MS), João Henrique Catan (PL-MS), Carlos Jordy (PL-RJ), Rafael Tavares (PRTB-MS), Silvia Waiãpi (PL-AP), André Fernandes (PL-CE) Sargento Rodrigues (PL-MG) and Walber Virgolino (PL-PB).

Moraes gave the PGR 24 hours to respond.

The PGR responded within the same day, saying there is no justification for the justice minister’s request because there was no evidence the legislators had committed any crimes.

"It is obvious that if new elements emerge that indicate that the parliamentarians contributed to the crimes, they will be investigated and eventually prosecuted in the form of the legislation in force," Deputy Attorney General Carlos Frederico Santos wrote. 

But without these minimum elements, said Santos, such a request "violates rights and fundamental guarantees, subjecting the investigated to illegal constraint, in terms of case law of the Supreme Court.”

Moraes’ concern for the “democratic rule of law,” which he used to try to disrupt the electoral process, is also being used to justify harsh new legislation in response to the January 8^th protest.

Among the legislation being proposed is a new criminal code for crimes against the “Democratic Rule of Law” which will include faster processing of such crimes, according to Revista Oeste.