On the night of Wednesday 16th March 2016, the most traumatic blow unfolded regarding the conspiracy towards removing the President Dilma Rousseff from her constitutional duties, for which the majority of Brazilian citizens elected her.
That night
the National Journal on TV Globo, displayed an illegal telephone recording from
the Presidential Planalto Palace of a conversation between President Dilma and
former President Lula. The recording was presented as if they were plotting on
a way to protect Lula against the investigations of the operation "Lava
Jato." Judge Sergio Moro who is ahead of the operation had leaked the
recordings.
It became a
night of national uproar, when cooking pots and pans were beaten for open
windows and people wearing red clothes were attacked in the streets around the
country, red cars destroyed, Lula supporters beaten in São Paulo and so forth.
A meltdown resulting in severe property
and personal injury as well as grave offenses, which paved the way to promote
the movement in favour of the impeachment.
It is
noteworthy that such illegal acts committed by a judge and a TV station would
be sufficient to charge probation, Article 312 of the Criminal Procedure Code,
of the crime committed by the authors of the disclosure and illegal
interception of the Planalto Palace phone. Once again the Presidency of the
Republic institution and the Constitution had been violated.
Only on 13th
June (nearly three months after the consummated illegal fact), the Supreme
Court Minister, Teori Zavascki, recognized within the Complaint 23,457-PR, that
judge Moro was "absolutely incompetent", when allowing the telephone
tapping of president Dilma Rousseff, and Mr. Teori therefore nullified the
recording.
After all
the damage done, not only towards President Dilma Rousseff, who had her privacy
invaded, but also towards the Presidential Republic Institution and towards the
Brazilian Constitution; the Supreme Court merely pronounced their “smooth
ruling” through one of its ministers. The Supreme Court has not as yet
determined the criminal investigation or the disclosure of the conversation
between Lula and President Dilma, as requested by the former president, much to
the contrary. Instead of holding judge Sergio Moro responsible, Minister Teori
Zavascki handed over to Mr. Moro, the destiny and the luck of Lula in the very
same ruling, which means that Lula himself from now on, will be investigated
and possibly become defendant and perhaps even condemned in the "Lava
Jato."
As the conversations have made clear,
which were recorded between Sergio Machado and the Speaker of the Senate Renan
Calheiros as well as between Mr. Machado and senator Romero Juca and Jose
Sarney, both the Supreme Court and the Attorney General of the Republic knew of
the coup plots toward Dilma, since Machado’s confession was signed in March
2016. This was long before the impeachment voting in the Lower House 17th
April and in the Senate 11th May, yet nothing was done to prevent
the conspiracy.
The
omission committed by both the Supreme Court and the Attorney General of the
Republic makes it clear to the Brazilian people, that the institutions, which
should guarantee the institutional order, actually helped overruling the 1988
Constitution. As such the Supreme Court and the Attorney General of the
Republic both failed to disclose the serious facts of which they were aware in
advance, such as the conversations recorded by Sergio Machado and the
usurpation of jurisdiction committed by a judge.
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