Brazil’s Supreme Court case against journalist Allan dos Santos is ‘unconstitutional,’ says former judge

On Tuesday, former São Paulo State Court of Appeals judge Ivan Sartori said that the case against exiled journalist Allan dos Santos, led by Supreme Court Justice Alexandre de Moraes, has a “clear unconstitutional outline.

Sartori said that the journalist could even respond to “criminal actions for crimes against honor” but could never be judged by the Supreme Court since he has no forum prerogatives.

Resistance to the autocratic Supreme Court Justice is stirring more and more in the country.

After VP Hamilton Mourão wrote on his Twitter account Friday evening that the Brazilian Supreme Court Justice is behaving unconstitutionally and illegally, Curitiba City Council approved yesterday a protest motion against the abuses of STF Justice Alexandre de Moraes.

To Oeste magazine, Sartori said that the journalist could even respond to “criminal actions for crimes against honor, compensation in the first degree” but could never be judged by the Supreme Court since he has no forum prerogatives.

Last Monday (Nov. 21), Moraes decided to cancel the journalist’s passport.

The measure also prevents dos Santos from leaving the United States, the country where he had taken refuge to escape persecution by the STF.

According to Sartori, Moraes’ order affronts subsections LIII, LIV and LV of Article 5 of the Federal Constitution (CF).

“The whole process hurts these provisions […] It has a clear unconstitutional outline. The measure practically withdraws the citizenship of Allan, who is outside Brazil. And this without due legal process”, explains the former judge.

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