Brazil’s prosecutor’s office says top federal court ordered illegal operation against Bolsonarists

Brazil’s deputy prosecutor general, Lindôra Araújo, filed an appeal Friday (9) with the STF (Supreme Court of Justice) against the decision of Justice Alexandre de Moraes, who authorized searches of eight Bolsonarist businessmen who had spoken of a “coup” in a WhatsApp group.

The document states that Moraes violated the prosecutorial system by authorizing the search and seizure and that the Justice is not competent to act in this case.

It asks for the annulment of the decision and the measures taken against the business people. Here is the full text of the motion.

Read the list of businessmen targeted by the illegal operation:

• Afrânio Barreira Filho, 65, owner of Coco Bambu;
• Ivan Wrobel, owner of W3 Engenharia;
• José Isaac Peres, 82, founder of the Multiplan shopping center chain;
• José Koury, owner of Barra World Shopping;
• Luciano Hang, 59, founder and owner of Havan;
• Luiz André Tissot, president of Sierra Group;
• Marco Aurélio Raymundo, known as Morongo, 73, owner of Mormaii;
• Meyer Joseph Nigri, 67, founder of Tecnisa.

According to Lindôra, the decision of Moraes was made “exclusively” based on “journalistic reports” that have no “connection” with the investigation.

“In this sense, the manifestation of ideas and thoughts in a private Whatsapp group, even if it conveys some political and social positions that do not coincide with the Constitution of the Republic […], cannot be inserted in the abstract as coming from a criminal organization that attacks the existence of constitutional powers,” she said.

She believes that the Supreme Court should not act in this case because entrepreneurs do not have a privileged forum.

That is, Moraes would not be able to rule against the group.

Finally, she claims that Moraes’ decision against the businessmen was sent to the PGR only after the search and seizure measures had already been authorized, which is an “affront to the prosecution system” and makes the PGR a “mere spectator.”

This is not the first time the Supreme Court has failed to follow procedural rules. Read here.

The Deputy Prosecutor General also states that:

• the measures were disproportionate;
• a “fishing expedition” (or “fishing for evidence”) when speculative evidence is sought,
• using procedures unrelated to the known case;
• The evidence was obtained illegally and is therefore invalid.

And she asks that:

• to annul the decision authorizing the search and seizure operation, as well as the breaching of telematics and bank secrecy and the freezing of the accounts of the businessmen;
•  a writ of habeas corpus be issued to block the investigation;
• the case be referred to the 1st instance if the investigation is upheld.

The businessmen were searched and seized on Aug. 23.

The group is in favor of President Jair Bolsonaro (PL).

Moraes wanted to show that his decision was based on “strong indications” that the businessmen threatened democracy.

The Justice was criticized by politicians, the President of the Republic, and companies from the productive sector.

The action was triggered by a report in which the content of private messages between the eight businessmen was published.

One of them even wrote that he would prefer a coup d’état if Luiz Inácio Lula da Silva (PT, left) won the 2022 presidential elections.

Despite these types of statements, nothing in the news suggests an organic process for those under investigation to promote a coup.

Moraes, who complied with the request of the Federal Police, justified the need for searches based on previous entanglements of the aforementioned individuals in cases in which they may have incited acts against democracy.

The portal Metrópoles published the information about the messages in the WhatsApp group of businessmen from Brasilia.

Although the word “coup d’état” appears in the conversations between the group participants, there is no objective evidence that there would be an organic operation to overthrow the government or how it could actually be carried out.

The case was brought before the STF by two lawsuits: the first by associations and entities belonging to the Coalition to Defend the Electoral System last Wednesday (Aug. 17), and the second by deputies Alencar Santana (PT-SP), Gleisi Hoffmann (PT-PR) and Reginaldo Lopes (PT-MG) the next day.

MORAES WILL IGNORE THE PROSECUTOR

Poder360 has learned that STF Justice Alexandre de Moraes will ignore the Prosecutor General’s Office (PGR) request to annul the decision authorizing search and seizure operations against businessmen who spoke of a “scam” in a WhatsApp group for the time being.

With information from Poder360

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